{"id":3906,"date":"2015-06-26T19:31:23","date_gmt":"2015-06-26T19:31:23","guid":{"rendered":"https:\/\/familyfirstfirm.com\/?p=489"},"modified":"2024-03-06T07:19:00","modified_gmt":"2024-03-06T07:19:00","slug":"estate-planning-for-same-sex-couples","status":"publish","type":"post","link":"https:\/\/familyfirstfirm.com\/blog\/estate-planning-for-same-sex-couples\/","title":{"rendered":"Estate Planning for Same-Sex Couples"},"content":{"rendered":"

On June 26, 2015 the United States Supreme Court issued its opinion in Obergefell v. Hodges<\/em>, the name assigned to a series of consolidated cases on same-sex marriage rights. The Court ruled 5-4 in favor of the petitioners, holding that same-sex married couples are entitled to equal protection under the laws, and that their marriages must be recognized nationwide.<\/p>\n

Case background<\/h2>\n

Jim Obergefell & his longtime partner, John Arthur, sought to enter into a legal marriage. They were residents of Ohio and Mr. Arthur was terminally ill with ALS. They wanted to solemnize their relationship before Mr. Arthur\u2019s death. They chartered a plane to Maryland, where same-sex marriage is legal, and they were married on the tarmac at a Baltimore airport. They then returned to Ohio as a married couple.<\/p>\n

Soon after, Mr. Arthur died. The State of Ohio issued a death certificate that did not identify Obergefell as surviving spouse. Mr. Obergefell sued the state (naming Hodges, director of the Ohio Department of Health) to have himself named as Mr. Arthur\u2019s surviving spouse, arguing that Ohio\u2019s state constitutional ban on same-sex marriage \u2013 including nonrecognition of marriages solemnized in other states \u2013 <\/em>violates the equal protection clause of the 14th Amendment[1]<\/a>. Obergefell\u2019s case was consolidated with a series of other related same-sex marriage cases to resolve two specific issues under the 14th Amendment.<\/p>\n

Issues resolved by Obergefell<\/em> Opinion<\/h3>\n