Same Sex Marriage and Family Law in Bucks County PA

Last week’s Supreme Court decision was a landmark of Family Law. In a 5-4 decision, the court has now effectively concluded the public dialogue about whether people of the same sex can legally marry. As of June 26, 2015, the answer is, Yes, same sex couples anywhere in the United States may marry – and if necessary, divorce – in the eyes of the law.

In my practice, I have found that the issues facing same sex couples are often the same as those facing male-female partners. Partners worry about their children, about property accrual and division, and about what happens should one die. They’ve had fewer legal options to address these concerns, but that will now change.

Justice Anthony Kennedy, writing for the majority, was almost poetic in describing the reasoning behind the decision. “No union is more profound than marriage, for it embodies the highest ideals of love, fidelity, devotion, sacrifice and family. In forming a marital union, two people become something greater than they once were,” he wrote. “The nature of marriage is that, through its enduring bond, two persons together can find other freedoms, such as expression, intimacy, and spirituality. This is true for all persons, whatever their sexual orientation.”

Here is a situation where federal law, almost 46 years to the day after a riot at New York’s Stonewall Inn began the gay rights movement, has evolved slowly to catch up with human relationships. Gay and Lesbian couples have long co-habited, shared financial resources and raised children together. The Supreme Court says that such unions, when made before an officiant recognized by local courts and meeting state licensing requirements, must now be treated as equal to heterosexual marriages.

One can expect a rush to the altar for same sex couples wishing to marry. But while some aspects of inclusion will be obvious – legal marriage certificates good in any state, entering a partner’s name on a birth certificate of a child born within the union, noting the survivor on a death certificate – others are not so clear.

For instance, how does the law now answer the question “What is the date of the marriage?” for couples in civil unions or married previously in other states but not their current home state. Do civil unions automatically become legal marriages?

Other questions local and federal courts must now sort out include what date counts as the beginning of accrual of marital assets, and what formula should be used for issues of equitable distribution.

There may be previously executed legal documents: I’ve written Wills, Powers of attorney and even Custody Stipulations for same sex couples. Are these documents superceded by a legal union, or incorporated into it?

Gay rights activists are celebrating this historical moment. In our office, we’re busy thinking about how this will translate to actual legal processes in Bucks County, Pa.