LGBTQ+ Couples in New York Remain Protected Amid Marriage Equality Fears

Strategic Insights -

As the U.S. Supreme Court considers reviewing the 2015 Obergefell v. Hodges decision, LGBTQ+ couples in New York are taking reassurance from attorney Juan Luciano, who emphasizes that existing protections will remain in place. Luciano points to New York's Marriage Equality Act and the federal Respect for Marriage Act as safeguards that will continue to recognize valid same-gender marriages, even if the Supreme Court were to overturn Obergefell.

Key Takeaways:

  • The Supreme Court has not agreed to revisit marriage equality, and the Respect for Marriage Act and New York law provide robust protections for LGBTQ+ couples.
  • The petition filed by Kim Davis, a former Kentucky clerk, is widely viewed as a long shot, and even if the Court were to take the case, existing protections would remain in place.
  • New York's Marriage Equality Act, passed in 2011, ensures that same-gender marriages are recognized in the state, regardless of any potential federal change.
  • The federal Respect for Marriage Act, passed in 2022, requires all states to recognize marriages that were valid where performed, regardless of the state's current laws.
  • The potential Supreme Court petition does not create a heightened need for LGBTQ+ couples to seek prenuptial or postnuptial agreements, as these are primarily used for financial planning and property issues.
  • Federal benefits tied to marriage, such as Social Security, tax filings, and immigration petitions, will remain intact for couples whose marriages were valid when performed.
  • Couples can continue to marry in every state today, and only the Supreme Court has the power to change that.

Statistics:

  • 2015: The Supreme Court declared marriage equality a constitutional right in the Obergefell v. Hodges decision.
  • 2022: The federal Respect for Marriage Act was passed, requiring all states to recognize valid same-gender marriages.
  • 2025 (current year): LGBTQ+ couples in New York continue to be protected by state and federal law, with the potential Supreme Court petition considered a long shot.
  • According to Juan Luciano, a LGBTQ+ divorce and family lawyer in New York City, there is no indication that a majority of the Supreme Court is prepared to overturn the Obergefell decision.

Sources:

  • M2 PRESSWIRE-August 20, 2025-: LGBTQ+ Divorce and Family Lawyer Juan Luciano Addresses National Concerns About Marriage Equality
  • http://www.m2.co.uk on the world wide web
  • www.abnewswire.com ((M2 Communications disclaims all liability for information provided within M2 PressWIRE. Data supplied by named party/parties.))