National Same-Sex Marriage Imminent?
- February 13, 2015
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This week, the United States Supreme Court, in Luther Strange, Attorney General Of Alabama v. Cari D. Searcy, Et Al. On Application For Stay No. 14A840, refused to block gay marriages from being permitted in the state of Alabama and the dicta in one of the dissents of the Court’s ruling seems to indicate that nationwide recognition of same-sex marriage may be imminent. In a 7-2 decision, only two justices, Clarence Thomas and Antonin Scalia, dissented in the Court’s denying to stop homosexuals from obtaining marriage equality in the state of Alabama. Therefore, currently, 37 states and the District of Columbia allow same-sex couples to marry. As same-sex marriage is being recognized in the states at an alarming velocity many Americans are wondering if the Supreme Court is planning on making gay marriage recognized across the country when it rules on four (4) consolidated cases in June. Perhaps, comments included in Justice Thomas’s dissenting opinion offers a sneak peek at the direction that the Court plans to take in June. In his dissention, Justice Thomas acknowledged that the Court’s move to permit same-sex marriages in Alabama “may well be seen as a signal of the court’s intended resolution.” It is important to note that one of the key factors that the Court considers when deciding whether or not to put a hold on a lower court’s ruling is the likelihood of success for the litigants if the case were to be appealed. Therefore, the Court’s refusal to allow a stay on the ban of same-sex marriage in Alabama and other states that were recently similarly situated may indicate that the Court will find that same-sex marriage bans are unconstitutional in its ruling due in a few months. Same-Sex marriage became legal in New Jersey on October 21, 2013 following the decision in Garden State Equality v. Dow, N.J. 216, 314 (2013). Since that time, thousands of homosexual couples have received marriage licenses throughout the state. If you are an LGBT couple who plan on seeking a legal marriage or filing for a same-sex divorce or are simply someone who would like more information regarding the issue there are important factors that you should consider before doing so it is critical that you seek out the advice of an experienced attorney before proceeding. For more information about same-sex marriage, same-sex divorce, same-sex relationship dissolution, equitable distribution, alimony, custody and visitation, or other family law matters in New Jersey visit HeatherDarlingLawyer.com. This blog is for informational purposes and it is in no way intended to replace the advice of an attorney.