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US Supreme Court Rules In Favor Of Marriage Equality

US Supreme Court Rules In Favor Of Marriage Equality

On June 26, 2015, the United States Supreme Court ruled in Obergefell v. Hodges that under the 14th Amendment all of the states are required to license a marriage between same-sex couples as well as recognize a legally valid same-sex marriage performed in other states. In a 5-4 decision that was argued as a consolidated case to same-sex marriage bans in Michigan, Tennessee, Kentucky, and Ohio. The Court held that the United States Constitution’s guarantees of due process and equal protection under the law mean that states cannot ban same-sex marriages which effectively makes gay marriage legal in all 50 states. The opinion was written by Justice Anthony Kennedy who has delivered some of the most important rulings in this nation’s history concerning gay rights including Romer v. Evans, 517 U.S. 620 (1996), Lawrence v. Texas, 539 U.S. 558 (2003) and the United States v. Windsor, 570 U.S. ___ (2013). This ruling also represents the most important extension of matrimonial rights since Loving v. Virginia, 388 U.S. 1 (1967) that struck down state laws that banned inter-racial marriages. In his opinion, Justice Kennedy wrote that that hope of gay people intending to marry “is not to be condemned to live in loneliness, excluded from one of civilizations oldest institutions. They ask for equal dignity in the eyes of the law. The Constitution grants them that right.” 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). If you are a gay or lesbian 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 the DarlingFirm.com. This blog is for informational purposes and it is in no way intended to replace the advice of an attorney.

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