same-sex marriage in the united states · status of same-sex marriage in the united states 2...

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

http://www.wealth-counselors.com/services/estate-planning-services/


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.


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.


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.


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.


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.


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.


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.

http://www.wealth-counselors.com/contact-us/


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



http://www.wealth-counselors.com/

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