Cincinnati Family Law & Divorce Blog: Securing LGBTQ Rights After Dobbs

Securing LGBTQ Rights After Dobbs

On June 24, 2022, the U.S. Supreme Court issued its ruling in Dobbs v. Jackson Women’s Health Organization, overturning the 50+ year old law established by Roe v. Wade. Justice Clarence Thomas wrote a concurring opinion which suggests that, based on the legal precedent set in Dobbs, the Supreme Court should also consider overruling the right to same-sex marriage which was established in the 2015 case Obergefell v. Hodges.

Beth Silverman & Associates has long represented same-sex couples seeking to secure their legal rights. Since Obergefell, same sex parentage, rights to medical decision-making, and rights to property have been far more protected than ever before. Now, with Obergefell being threatened, it is hard to know what may happen to the rights of individuals who have married or relied upon the rights granted to them within the Obergefell decision.

Because these rights are at risk, we recommend that all same-sex couples take inventory of the legal documents they have currently in place and consider whether executing additional legal documents or court orders may be appropriate at this time. Below is a non-comprehensive list of the legal protections same-sex couples may want to consider, even if they are currently legally married:

• Healthcare Powers of Attorney
• Living Wills
• Last Will & Testament
• Co-Custody or Shared Custody Agreements
• Second or Step-Parent Adoptions

Please do not hesitate to reach out to one of our attorneys if you have questions about the function of each of the documents listed above or if you would like to meet with one of our attorneys to discuss the best way to safeguard your rights.