theFutuReoFSame-SexmaRRiageRightS
Diversity, Equity & Inclusion Committee
continuedfrompage22
to manage financial matters during incapacity. A Health Care Surrogate Designation and Living Will appoint a trusted individual to make medical decisions and outline end-of-life preferences. A Last Will and Testament directs distribution of assets and nominates guardians for minor children. Creating a revocable or Irrevocable Trust offers asset protection and helps avoid probate. Additionally, updating Beneficiary Designations ensures that retirement accounts, life insurance, and bank accounts pass to the intended partner.
Additional legal instruments may be necessary in states hostile to marriage equality. In such jurisdictions, couples should consider drafting Cohabitation or Domestic Partnership Agreements to clarify financial obligations, property ownership, and decisionmaking authority in the absence of recognized marital status.
These contracts function as a legal framework for the relationship, particularly in the event of separation or incapacity. Adoption Judgments and de facto parentage orders are essential tools for securing parental rights for non-biological parents. These judicial findings protect a parent’ s legal relationship with their child regardless of marital status, ensuring continuity in custody, medical decision-making, and inheritance rights.
HIPAA Authorizations and Hospital Visitation Agreements are crucial for maintaining access to medical records and the right to visit a hospitalized partner. Without these, healthcare providers in states that do not recognize same-sex marriage may restrict access to medical updates or limit visitation to legal relatives.
These instruments do more than protect— they affirm the legal dignity of same-sex relationships and provide a bulwark against political instability. They help ensure that couples retain vital decision-making authority and personal security, even in jurisdictions where marriage rights may be diminished.
Conclusion: Preparing for Uncertainty with Legal Precision
While Obergefell remains binding precedent, it sits on less certain ground than it did a decade ago. Legal advisors should encourage LgBTQ + clients to prepare for potential legal reversals with comprehensive estate plans and enforceable relationship agreements. By securing these protections today, couples can help preserve their rights— and their dignity— regardless of future judicial decisions. n
1
Obergefell v. Hodges, 576 U. S. 644( 2015). 2
The Defense of Marriage Act( DOMA), Pub. L. no. 104-199, 110 Stat. 2419( 1996).
3
United States v. Windsor, 570 U. S. 744( 2013).
4
Dobbs v. Jackson Women’ s Health Organization, 597 U. S. 215( 2022)
5
Roe V. Wade, 410 U. S. 113( 1973)
6
Tex. Const. art. I, § 32.
7
Mo. rev. Stat. § 451.022.
8
Ala. Const. art. I, § 36.03.
9
Fla. Const. art. I, § 27.
10
The respect for Marriage Act, Pub. L. no. 117-228, 136 Stat. 2305( 2022). 11 nY Domestic relations Law § 10-a. 12
Cal. Fam. Code § 300.
13
Or. rev. Stat. § 106.010.
14 nev. Const. art. I, § 21.
15
“ Equality Maps: Marriage & relationship recognition Laws.”“ https:// www. mapresearch. org / equalitymaps / recognition / marriage _ relationship _ laws”( last accessed May 2, 2025).
16
See, Human rights Campaign, Marriage Equality Around the World, Human rights Campaign Foundation( 2024),“ https:// www. hrc. org / resources / marriage-equality-around-the-world”; Wikipedia, Same-Sex Marriage, Wikimedia Foundation( last updated April 2025),“ https:// en. wikipedia. org / wiki / Same-sex _ marriage” \ t“_ new” }; and Brilliant Maps, Same-Sex Marriage Around the World – Legal or Not?,“ https:// brilliantmaps. com / same-sexmarriage-legal-or-not”( last accessed May 2, 2025).
17
See, Human rights Watch –“ World report 2024: Events of 2023”( highlights ongoing persecution of LgBTQ + individuals in various countries, including criminal penalties and lack of marriage recognition),“ https:// www. hrw. org / worldreport / 2024”( last accessed May 2, 2025); U. S. Department of State – 2023 Country reports on Human rights Practices( provides detailed information on legal protections— or lack thereof— for LgBTQ + individuals in every country, including Saudi Arabia, nigeria, and russia“ https:// www. state. gov / reports / 2023-country-reports-on-human-rightspractices( last accessed May 2, 2025); and ILgA World –“ State-Sponsored Homophobia report”( 2023)( comprehensive reports on global LgBTQ + legal frameworks, including criminalization, recognition, and protections( https:// ilga. org / statesponsored-homophobia-report-2023( last accessed May 2, 2025).
Author: Timothy C. Martin – Martin Law Office, P. A.
J U LY- A U G 2 0 2 5 | H C B A L A W Y E R
2 3