Post on 14-Oct-2019
Status of Same-Sex Marriage in the United States www.wealth-counselors.com 1
STATUS OF SAME-SEX MARRIAGE
IN THE UNITED STATES
“Now, at the beginning of a new year, it is worth reviewing the
status of same-sex marriage in our country.”
BRADLEY B. ANDERSON RENO NEVADA ESTATE PLANNING ATTORNEY
Status of Same-Sex Marriage in the United States www.wealth-counselors.com 2
Marriage is a sacred institution, not only in the public eye, but also in the courts.
It represents a legal union that guaranteesspecific federal rights and privileges.
These rights and privileges are frequently taken for granted by heterosexuals.
There is no question that a wife can make medical decisions for her husband, if
he is incapable of making those decisions on his own. But, those same rights are
not guaranteed for same-sex couples in states that still do not legally recognize
gay marriage. Now, at the beginning of a new year, it is worth reviewing the
status of same-sex marriage in our country.
Status of Same-Sex Marriage in the United States www.wealth-counselors.com 3
STATES THAT RECOGNIZE SAME-SEX MARRIAGE
Currently, in the United States, twenty-six states, plus the District of Columbia,
allow same-sex couples to legally marry. Those states include California,
Colorado, Connecticut, Delaware, Hawaii, Illinois, Indiana, Iowa, Maine,
Maryland, Massachusetts, Minnesota, New Hampshire, New Jersey, New Mexico,
New York, Oklahoma, Oregon, Pennsylvania, Rhode Island, Utah, Vermont,
Virginia, Washington, and Wisconsin. In all, more than 70% of U.S. citizens live
in states where gay marriages are now legal.
Status of Same-Sex Marriage in the United States www.wealth-counselors.com 4
THE LAW REMAINS IN LIMBO IN SOME STATES
There are five additional states that are currently bound by decisions of various
federal appellate courts, which struck down the gay marriage bans currently
enforced in those states. The U.S. Supreme Court was scheduled to consider
these opinions early this year.
However, on Friday, January 9, 2015, the Supreme Court delayed taking any
action with regard to these remaining bans. According to reports, the Supreme
Court justices considered the petitions filed in all five states, but did not agree to
hear any of them. This comes after the high court let the appeals court
decisions, striking down gay marriage bans in those five states (Virginia, Indiana,
Wisconsin, Oklahoma and Utah) back in October.
Status of Same-Sex Marriage in the United States www.wealth-counselors.com 5
WHAT ARE SOME OF THE BENEFITS OF LEGALLY RECOGNIZED
MARRIAGE?
The laws governing marriage rights and privileges have been created on both the
state and federal level. There are so many different laws that affect married
couples, such as those that control how a couple can own joint property, who
inherits from whom, how taxes are determined, and who has the authority to
make important decisions for another, including health care decisions.
ESTATE PLANNING ISSUES FOR UNMARRIED GAY COUPLES
Estate planning is crucial for
everyone, but it may be more
important for same sex
couples, especially those in
states where marriage is still
banned. Legal marriage
makes estate planning much
simpler due to the many
automatic benefits. So, when
legal marriage is not yet an option, having an estate plan in place can be a great
benefit.
Status of Same-Sex Marriage in the United States www.wealth-counselors.com 6
BENEFITS OF LEGALLY RECOGNIZED MARRIAGE
The benefits of living in a state that recognizes same sex marriage are many. In
fact, federal law provides more than a thousand rights and protections to legally
married couples, such
as hospital visitation,
filing joint tax returns,
family health
coverage, inheritance
rightsandbereavement
leave, when a spouse
passes away. There
are also certain rights
available when a marriage ends, such as child custody rights, spousal support,
child support and the equitable division of marital property.
MARITAL BENEFITS ARE VERY VALUABLE
A study was conducted a few years ago by the New York Times to determine the
monetary value of common marriage benefits. This study showed that same-sex
couples who were denied these marriage benefits incurred between $41,196 and
$467,562 in extra expenses during their lifetime. Another more recent report
found that unmarried women pay nearly $1 million more over their lifetimes than
married women for health care, taxes and other things.
Status of Same-Sex Marriage in the United States www.wealth-counselors.com 7
WHAT CAN GAY COUPLES DO PROTECT THEIR RIGHTS FOR
THE FUTURE?
As the laws across the country continue to change and evolve, many obstacles
will remain in the LGBT community, particularly in the area of estate planning.
Therefore, advance planning may be even more important. Having a proper
estate plan will make certain that your partner is respected and recognized,
along with your personal wishes, after your death.
Status of Same-Sex Marriage in the United States www.wealth-counselors.com 8
ARE THERE ALTERNATIVES FOR GAY COUPLES IN STATES
THAT BAN MARRIAGE?
While in no way equal to legal marriage, civil unions and domestic partnerships
demonstrate the advances that have been made in the struggle for equal
treatment that same-sex couples still endure. A civil union is legally recognized
in some states, and
provides many of the rights
and responsibilities that
married couples in that
state enjoy.
CIVIL UNIONS AND
DOMESTIC
PARTNERSHIPS
Civil unions and domestic partnerships are not equal to legal marriage, but they
both signify tremendous advances in the continuous struggle for equal treatment
that same-sex couples share. Both civil unions and domestic partnerships provide
most of the rights and responsibilities of married individuals in those states that
recognize them. Domestic partnerships are typically less formal than civil unions.
If you have questions regarding same-sex marriage, or any other LGBT estate
planning needs, please contact Anderson, Dorn & Rader, Ltd., either online or by
calling us at (775) 823-9455.
Status of Same-Sex Marriage in the United States www.wealth-counselors.com 9
About the Author
BradleyB. Anderson
Prior to founding his own firm in 1995, Mr. Anderson served as a
senior counsel for two major financial institutions and witnessed
the often devastating effects of ineffective estate planning with
many customers of those institutions. When he eventually decided
to venture out on his own, this experience led him to focus
exclusively on estate planning, providing his clients with a full
range of basic and advanced planning options.
Mr. Anderson began his professional life as a teacher of mentally-challenged, visually impaired
students. After four years as a special education teacher, Mr. Anderson returned to school to
obtain his law degree and begin a second career. Upon finishing law school, he went to work
for a civil litigation firm, spending five years handling litigation, probate and wills work. He
then moved on to Wells Fargo Credit Corporation where he served as senior counsel. In 1990
he accepted a position with the First Interstate Bank Legal Division, where he had
responsibility for several divisions, including the Trust Department. In 1995, he began his own
practice as Bradley B Anderson, Attorney at Law. The firm has continued to grow into the
premier estate planning law firm we see today.
Anderson, Dorn, & Rader, Ltd.
Legacy and Wealth Planning Attorneys 500 Damonte Ranch Parkway Suite 860
Reno, NV 89521 Phone: (775) 823-9455
Fax: (775) 823-9456