It should come as no surprise that same sex couples face adversity when it comes to probate matters. Family members and courts alike ignore often long term partnerships and civil unions after a loved one in a committed gay relationship passes. A recent case being heard by the Supreme Court of the United States of America may bring all of this to an end; it could also cement it for another generation.
Should the Supreme Court Change a Definition of Marriage that has Existed for “Millenia”?
- The U.S. Supreme Court heard oral arguments today Tuesday April 28, 2015 on whether the Constitution provides same-sex couples the right to marry, with a majority of the nine justices firing skeptical questions at a lawyer who is asking them to legalize gay marriage nationwide.
- It remained unclear how the court will rule in the case.
- More than 1,000 people crowded outside the courthouse to watch as the court hear arguments in what will now be known as the (hopefully) landmark case of Obergefell v. Hodges.
- This promises to be one of if not the most anticipated ruling for the Supreme Court’s term this year.
- The focus of the case is the marriage ban on four of the thirteen states that now still prohibit gay marriage.
- Apparently all eyes are on Justice Kennedy as he will likely hold the swing vote on this huge social issue.
- In decisions dating back as early as 1996 Kennedy has repeatedly expanded the rights of gay Americans, with the most recent decision being his authored opinion in the famous 2013 case of U.S. v. Windsor.
- But how does this change my Florida estate plan?
Palm Beach Probate and Gay Marriage
- Palm Beach probate litigators know that same sex unions can make inheritanceconfusing to say the least.
- Often a person will have property in multiple states, what happens if some of that property is in Kentucky a state that does not recognize gay unions, does this disinherit a gay spouse from Florida?
- If nothing else hopefully this case will round out the field and allow for some consistency amongst the states.
Other Takeaways
- The decision will affect not just the right of gay people to marry but also their right to be recognized as a spouse (for inheritance purposes) or parent on a birth and death certificate as well as other legal documents.