Patchwork Quilt of Marriage Laws

Patchwork Quilt of Marriage Laws

What’s Your Legal Status? Since June 2013 – the awesome month the U.S. Supreme Court ruled that same-sex couples are entitled to equal treatment under the law – federal judges in Oklahoma, Utah, Virginia and Texas have struck down laws barring same-sex marriages. And just last month, a federal court in Kentucky declared that state must now recognize same-sex marriages performed in other states.

None of these states is currently required to issue marriage licenses to LGBTQ couples until a higher court – possibly the U.S. Supreme Court – has a chance to hear the case or cases on appeal.

Practically speaking, what does all of this mean to the average LGBTQ couple living in a non-marriage equality state? For now, we still live in a country with a patchwork quilt of laws:

Seventeen states (California, Connecticut, Delaware, Hawaii, Illinois, Iowa, Maine, Maryland, Massachusetts, Minnesota, New Hampshire, New Jersey, New Mexico, New York, Rhode Island, Vermont, and Washington), plus the District of Columbia, have full marriage equality.
The state of Illinois will join that list on June 1, 2014 when its marriage equality law goes into effect.
Eight Native American tribes issue marriage licenses for same-sex couples.
Oregon recognizes same-sex marriages performed in other jurisdictions.
Some legal recognition of out-of-state same-sex marriages have been upheld by courts in Ohio, Missouri, and Colorado.

As you read this, it should warm your heart to know there are hundreds of LGBTQ activists and allies working throughout the country – fighting in local, state and district courts trying to win legal equality for all of us.

One of our most powerful allies is U.S. Attorney General Eric Holder, who recently announced that the U.S. government will now recognize same-sex marriages as equal to heterosexual marriages in all federal matters, including in U.S. courts, bankruptcies, prison visits and other areas, such as survivor benefits. Holder also urged state Attorney General’s to no longer defend their state’s marriage bans when they’re challenged in state court.

And there are court challenges to LGBTQ marriage bans in nearly every other state as well:

Michigan
Indiana legislature voted down an effort to pass an amendment to the state constitution that would ban marriage equality
The Idaho supreme court held that same-sex couples can adopt a baby together and that the natural child of one parent can be adopted by the other in a second parent adoption
Nevada is poised to become the next state to allow marriage for same-sex couples
In Wisconsin, the ACLU is going to federal court today in Wisconsin on behalf of four same-sex couples in the state

All of these anti-equality laws have created a half-assed legal mess in America. The good news is its now just a matter of when this flimsy house of cards will come crashing down.

+++

Give Rainbow Law’s legal document preparation service a risk-free try by ordering state-specific advance directives (living wills, medical & financial powers of attorney with hospital visitation & more). Payment can be made via a small donation or you can get them for free in exchange for a Tweet or Facebook post! Just double click on the rainbow banner: