Marriage Equality and Financial Security: Ongoing Concerns #

For nearly a decade, same-sex married couples have enjoyed the same federal rights and protections as their heterosexual counterparts. These include financial benefits such as spousal health coverage, reduced tax preparation costs, and recognition of their unions.

In 2013, the Supreme Court ruled that same-sex couples were entitled to federal benefits. This was expanded in 2015 when same-sex marriage was legalized nationwide. Seven years later, a bipartisan coalition in Congress secured these protections by law.

However, following the presidential election, some gay couples expressed concerns about potential risks to their financial security under a second Trump administration. One perspective highlighted that marriage equality allows families to organize, pool finances, buy property, and have children without harm or disruption.

Despite marriage equality’s vast support among Americans, more than 740,000 same-sex couples remain vigilant about potential changes. The president-elect previously transformed the Supreme Court, establishing a 6-to-3 conservative majority. A recent decision dismantling Roe v. Wade led some justices to suggest revisiting rulings on same-sex marriage.

Marriage offers federal rights such as health insurance through a spouse’s employer, Social Security benefits, estate tax advantages, and easier retirement planning. Denied benefits can accumulate additional lifetime costs, previously calculated at $467,562 in a worst-case scenario.

Marriage equality was established as a constitutional right. Protected by the 14th Amendment’s due process clause, it cannot be overturned by Congress or executive action. Reconsideration would require agreement by four justices to hear a case and a subsequent majority to overturn it.

Even if reconsidered, Congress enacted the Respect for Marriage Act, erasing previous definitions of marriage and mandating recognition of marriages regardless of sex, race, or ethnicity. However, this law doesn’t require all states to issue marriage licenses. If overturned, marriage rights would be restricted to allowing states.

Recent cases demonstrate ongoing challenges, as seen in 2016 with a state’s refusal to recognize a partner on a birth certificate and a clerk’s refusal to issue marriage licenses. Anti-discrimination laws continue to face potential challenge under religious objection claims, potentially affecting LGBTQ rights.

Legal experts advise same-sex couples to prepare wills, medical and financial powers of attorney, and other legal documents to solidify their family ties and manage uncertainty, emphasizing proactive steps to ensure financial and legal security despite potential legislative changes.