On June 26th, 2015, the United States Supreme Court narrowly ruled – 5 justices
against 4 – to legalize same-sex marriage across the country. The
decision has effectively overruled the outcome of the historic
Baker v. Nelson case of 1971 that concluded that states did have the right to limit marriage
to only opposite-sex couples. Now that ruling has been deemed unconstitutional,
as it seems to infringe upon the rights granted by the Fourteenth Amendment.
Immediately the verdict to legalize same-sex marriage was met with a flood
of controversy and both sides of the argument made their opinions known.
Of those who opposed the decision, several congressmen and politicians
vowed to do all they could in their power to reverse the ruling or, at
the very least, delay its implementation. In a few county clerk offices
around the nation, including some in Texas, same-sex couples are still
being denied marriage licenses through legal loopholes.
As many recent polls indicate that only 60% of the country is in favor
of same-sex marriage legalization, it is no surprise to find that the
ruling has not been met entirely with open arms. What many people are
not considering, though, is how this decision could have ramifications
on family law.
What Else Could Be Changing?
Divorce rights have already been altered by the Supreme Court’s ruling,
as same-sex couples can now file for divorce, regardless of where they
live. Before the change came about, they could only file for divorce in
a state they had lived in for six months – or up to two years in
some cases – that also recognized their marriage. Many were therefore
stuck in marriages they wanted to dissolve but could not due to state
Along with alterations in divorce litigation, there could be changes to
other aspects of family law, such as child custody and fathers’
rights. In a same-sex marriage, it could be difficult to address issues
that tended to be more gender-based. This could also lead to an uprising
of men’s rights as a whole, as roles traditionally assumed to be
granted to a mother in a marriage will now be taken up by more men.
If you are living in Connecticut and are in a same-sex relationship, you
might have questions about your newfound rights. Let our Hamden family
law attorneys at Goldblatt, Marquette & Rashba, P.C. help you through
whatever matters might be troubling you. We can even assist you protect
your rights as a man going through a divorce. Do not hesitate to
contact our firm right away.