The road ahead after marriage ruling

Robert Stanley wrote a column that ran in the Daily Journal on June 29, 2015 about the Supreme Court’s 5-4 landmark ruling in Obergefell v. Hodges in favor of same-sex marriage. The ruling was not only a tremendous victory for same-sex couples living in states where same-sex marriage was forbidden or in states that refused to recognize same-sex marriages performed in other states, but also a major step forward for all same-sex couples in the country.

“It means same-sex couples can now travel freely throughout the U.S. and expect that their marriages, and the associated rights and responsibilities, will not change from state to state. Same-sex couples can expect equal treatment under the law wherever they live or move within the U.S.”

Stanley notes that the Obergefell decision will improve equality in managing the legal rights of persons in same-sex relationships.

“Same-sex couples now have a better set of tools to address marriage, just as have always existed for opposite-sex marriages. Attorneys can now help same-sex couples with greater confidence and clarity knowing that the same rules that apply nationwide to opposite-sex couples will apply to same-sex couples as well,” he wrote.

According to Stanley, not all of the legal problems and concerns that same-sex couples have faced in the past will disappear. This is particularly true for long-standing same-sex couples who have been through different phases of legal relationships and may have lived in different jurisdictions at different times when marriages and other relationships were legal or not legal, or only good for some things and not others.

“It’s important to remember that uniform implementation of the ruling, state by state, will take time. Some states may rebel and stall implementation…. but make no mistake, the ruling is the law of the land.”

Published in The Daily Journal