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Supreme Court Decision to Impact Gay Couples' Right to Divorce

Strategic Insights

— 1 min read

As the U.S. Supreme Court prepares to rule on the civil rights of all gay marriages in every state, New York divorce lawyer Lisa Beth Older is analyzing the potential impact on the Constitutional right of gay couples to divorce. Currently, hundreds of thousands of gay couples face challenges in obtaining a divorce due to the lack of recognition of their marriages in many states. If the Supreme Court rules in favor of gay couples, it would require all states to recognize same-sex marriages, regardless of where they took place, and provide them with the equal right to divorce.

Key Takeaways:

  • The U.S. Supreme Court's decision in Obergefell v. Hodges (Docket number 14-556) will affect the civil rights of hundreds of thousands of gay couples, including their right to divorce.
  • Prior to New York recognizing gay marriages, Lisa Beth Older, Esq. received hundreds of inquiries from gay couples who were married in a state that recognized gay marriages, moved to New York, and wished to divorce in New York, but were unable to do so.
  • According to Lisa Beth Older, Esq., if the Supreme Court rules in favor of gay couples, it would require all states to recognize same-sex marriages and provide them with the equal right to divorce, subject to certain residency requirements.
  • Each gay couple would be obliged to follow the rule of law wherever they marry and wherever they choose to divorce, resulting in chaos, if the Supreme Court rules against gay couples.
  • Massachusetts was the first state to legalize gay marriage and the right to divorce there.
  • Thousands of gay couples have moved to other states that do not recognize gay marriage, attempting to divorce there.

Statistics:

  • Hundreds of thousands of gay couples face challenges in obtaining a divorce due to the lack of recognition of their marriages in many states.
  • Over 50,000 gay couples were scheduled to marry in the U.S. in 2015, with all states expected to recognize same-sex marriages (International Business time Clark Mintock, June 19, 2015).
  • Massachusetts was the first state to legalize gay marriage in 2004 (CNN, Stephanie Chen, May 3, 2010 9:40 a.m. EDT).

Sources:

  • International Business time: Clark Mintock, June 19, 2015.
  • CNN: Stephanie Chen, May 3, 2010 9:40 a.m. EDT.
  • National Journal: Sam Baker, June 17, 2015.
  • PRWeb: Release 2015/06, prweb12802254.htm (June 20, 2015).
  • http://www.nycdivorcelawyer.net

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