On Friday, June 26, 2015, the Supreme Court issued a landmark decision ruling that gay marriage is legal in all states. In this sweeping decision, the Court has determined that same-sex marriage is a constitutional right. The LGBT communities throughout Texas are claiming a victory in this decision that recognizes equal rights to marriage for all couples.
The issues presented to the Court were twofold. First, the Court was to determine whether a state was permitted to enact legislation prohibiting same-sex marriages. The second issue was whether a state could refuse to issue a divorce to a same-sex couple legally married in another state. In ruling that gay marriage is legal in all states, the Court effectively addressed both issues. States now must both permit same-sex marriages and they must issue a divorce to a same-sex couple that has been legally married.
The impact of this decision will most certainly affect local agencies. Clerks in the metroplex have begun to prepare for the likely increase in requests for the issuance of marriage licenses to same-sex couples. Similarly, family law courts are preparing for an increase in filing for petitions for divorce by same-sex couples. This is certainly true in Texas where Courts have been reluctant to issue a divorce to a same-sex couple even if they had been legally married in another state.
The decision issued by the Supreme Court has opened the door for gay and lesbian couples to exercise the same rights previously granted only to a marriage between a man and woman. The right to marry for same-sex couples however is only the first step that many such couples will face in being granted an equal right to marry. Same-sex couples that elect to marry will now have to address issues including IRS filings, claims for personal injury, child custody determinations, and jointly filing for bankruptcy. These matters will likely take time to resolve through the courts with many same-sex couples working with attorneys to continue to work though the rights of gay and lesbian couples.
Faun Rowland is an attorney that has been practicing in the area of family law for fifteen years. In addition, she has been an adjunct professor of law at Tarrant County College in Fort Worth, Texas for approximately seven years.
