The United States has legally recognized same-sex marriage since 2015. This started with the Supreme Court’s decision in the case of Obergefell v. Hodges. This decision established marriage equality as a constitutional right. But some states are still pushing back despite this federal protection.
Some state governments are trying to limit or eliminate these protections. Many same-sex couples are facing legal uncertainty in areas such as marriage recognition, parental rights, and access to services.
The Role of Federal Law in Marriage Equality
Same-sex marriage has gained federal recognition and must be treated the same as opposite-sex marriage. Thus, couples enjoy benefits such as joint tax filing and Social Security spousal benefits, Also, immigration sponsorship should be afforded to them regardless of where they live.
Despite the federal court’s emphasis on the importance of marriage equality, states still control many of the day-to-day legal processes around marriage. These include issuing licenses, recognizing out-of-state marriages, and enforcing family law.
States Pushing Back with Religious Freedom Laws
Religious freedom laws are usually framed as legal protections for individuals or businesses that object to same-sex marriage on religious grounds. A county clerk may refuse to issue a marriage license to a same-sex couple due to personal religious beliefs. Also, a wedding venue may deny service because it violates their religious values. These cases do not directly undo same-sex marriage. But they create obstacles that make it harder for couples to access their legal rights.
New Challenges in Family Law and Parental Rights
Parenting-related complications can arise even when a same-sex couple is legally married. Family law is largely handled at the state level. But states treat LGBTQ+ families differently. They might not allow a parent to be automatically recognized on a child’s birth certificate. Courts might favor biological parents in custody disputes even when both parents have been equally involved. These can have lasting impacts on families and children, especially if the couple splits up or one parent passes away.
Marriage Recognition for Transgender Individuals
State officials might challenge the validity of a marriage based on outdated definitions of gender if a transgender person transitions after marriage. This creates another layer of legal uncertainty. Officials argue that a marriage should be invalid if it was initially between two people of the same assigned sex at birth, regardless of their current legal gender.
Federal law generally recognizes these marriages. However, it often takes legal action to enforce it. This puts transgender couples in a vulnerable position.
Impact on Daily Life and Benefits
A federally-recognized same-sex marriage might still run into local issues. A spouse may be denied healthcare benefits from state-funded programs. A couple may have trouble filing joint taxes at the state level. Sometimes, a spouse may not be included in spousal leave or employment benefits.
It is confusing and frustrating to know when the legal status of a couple can be treated differently depending on the state line they cross. It also undermines the idea that marriage should offer stability no matter where you live.