In a 5 to 4 decision, the United States Supreme Court ruled in favor of
same-sex marriage legalization nationwide on June 26th, 2015. The ruling immediately shot sparks of controversy all across the
nation, as only an estimated 60% of Americans had previously been in favor
of allowing same-sex marriage to be recognized by government bodies. While
some people cite marriage as a form of happiness and is therefore an “inalienable”
right given to all, others argue that the decision is a direct violation
of religious freedom.
Things Are Just Starting to Heat Up
Several state Attorney Generals have already vowed to do all they can to
reverse the Supreme Court’s decision. Others have even urged county
clerks to not provide same-sex couples with marriage licenses until the
ruling is officially final, as a statement by Louisiana Attorney General
James D. Caldwell mentions (entire statement can be seen here). The ability to deny marriage licenses is in a gray area of the law,
and doing so is likely to create even further controversy surrounding
this ongoing debate.
Other potential problems arise when family law matters are brought to the
table. In particular, lawmakers are seemingly unsure of how exactly same-sex
couples who want to divorce will be addressed. Should the laws be identical
to traditional marriages seeking divorce? Do prior civil unions affect
the circumstances of their marriage, and therefore, their divorce? For
child custody disputes that generally favor the mother, who would be considered
for that role now, if anyone at all?
The questions, for now, seem to be endless. They might take some time to
resolve not only because of the way they interact with same-sex marriages
but also how they put marriage as a whole into perspective. Whether or
not the United States Supreme Court will offer any words of clarity to
help settle matters revolving around same-sex divorce is yet to be seen.
At Rubenfeld Law Firm, our Long Island divorce attorneys have been practicing
family law and divorce litigation for more than 25 years. Our team is
not afraid to take on the challenge new laws represent, and we are entirely
confident that we can help you and your same-sex partner resolve your
Contact us today if you would like help from compassionate and knowledgeable professionals.