Navigating Same-Sex Marriage
Daniel Gold • September 3, 2024
It is striking how far things have some since I was sworn in as an attorney in 1993.
I remember the
“dawn”
of domestic partnerships in California and its evolution to becoming something akin to marriage
“lite”;
when many other states, and the Federal government did not choose to give legal recognition to same sex relationships.
How far things have come since those early days.
Federal and State Recognition
Since the landmark Supreme Court ruling in
Obergefell v. Hodges
in 2015,
( holding that t
he right to marry is a fundamental right inherent in the liberty of the person and guaranteed to same-sex couples under the
Due Process
and E
qual Prtoc
Clauses of the 14th Amendment
)
same-sex marriage has been legally recognized nationwide.
State
s
must
now
recognize same-sex marriages performed in other states.
This means that same-sex marriages performed in California are valid across the United States and vice versa.
Domestic Partnerships
In California, same-sex , and some heterosexual couples still have the option to enter into a domestic partnership . While domestic partnerships offer many of the same rights and responsibilities as marriage, there are differences, particularly concerning federal benefits. It is important to understand these distinctions and choose the arrangement that best suits your needs.
Key Legal Concerns for Same-Sex Couples
1. Parental Rights
Parental rights can be a complex issue for same-sex couples, especially if only one partner is the biological parent. It is essential to establish legal parentage to protect both parents' rights. This can be done through a variety of potential options:
- Adoption : The non-biological parent can adopt the child to establish legal parentage.
- Second-Parent Adoption : This process allows a same-sex partner to adopt their partner's biological or adoptive child without terminating the first parent's legal status.
There is a sub-specialty in family law of attorneys who handle surrogacy issues, which can be a resource for same sex couples.
2. Property and Asset Division
2. Property and Asset Division
Like opposite-sex couples, same-sex couples must navigate the division of property and assets in the event of a divorce or separation. California's community property laws apply, meaning that assets and debts acquired during the marriage are typically divided equally. Prenuptial or postnuptial agreements can provide additional protection and clarity.
3. Estate Planning
Estate planning is crucial for same-sex couples to ensure their wishes are respected and their loved ones are provided for. Key considerations include:
- Wills and Trusts : Clearly outline how assets should be distributed upon death.
- Durable Powers of Attorney : Designate a trusted individual to make financial and medical decisions if you become incapacitated.
- Beneficiary Designations : Ensure that your partner is listed as a beneficiary on life insurance policies, retirement accounts, and other financial instruments.
4. Healthcare and Medical Decisions
Same-sex couples should take steps to protect their rights concerning healthcare and medical decisions. This includes:
- Healthcare Directives : Establishing a healthcare directive or living will that specifies your wishes regarding medical treatment.
- Medical Power of Attorney : Designating your partner as your medical power of attorney to make healthcare decisions on your behalf if you are unable to do so.
5. Legal Discrimination
Despite legal recognition, same-sex couples may still face discrimination in various areas, including employment, housing, and public accommodations. Understanding your rights and seeking legal recourse if you encounter discrimination is essential.
Conclusion
Navigating the legal landscape as a same-sex couple requires understanding your rights and taking proactive steps to protect your interests. Whether you are considering marriage, adoption, or estate planning, seeking experienced legal guidance can help you address potential concerns and ensure a secure future. For personalized advice and assistance, contact seasoned family law counsel for expert guidance on same-sex marriage legal concerns.
To learn more about my services, visit my services page.
Call:
949-756-0684
Email:
dgold@tldlaw.com
Disclaimer
Disclaimer
This information outlines a few of the concepts that surround same-sex marriage legal concerns in the State of California. It is not intended to be, nor should it be construed as legal advice for any particular situation. Please seek advice from TLD Law or your personal attorney in your state or jurisdiction.
TLD Law Family Law Partner Daniel R. Gold was recently featured on the Divorce Mortgage Strategies Podcast , powered by the Divorce Lending Association . In the episode, titled “ The Divorce Quarterback: Leading the Team That Guides Clients Through Divorce ,” Dan joins host Amy Valdivia, CDLP®, to discuss the importance of coordination and strategy in complex divorce matters. The conversation explores how successful outcomes often require collaboration among family law attorneys, mortgage professionals, and financial experts—particularly in cases involving substantial assets, real property, retirement accounts, and long-term support considerations. Dan shares insight from decades of experience guiding clients through high-net-worth and gray divorces. He explains why approaching divorce as a team effort—where the attorney serves as a strategic leader coordinating financial, lending, and legal professionals—can help clients make informed, sustainable decisions during one of life’s most significant transitions. Watch the full interview on YouTube: https://www.youtube.com/watch?v=Mx7ruqT_IiU About Daniel R. Gold Daniel R. Gold is a partner at TLD Law and a California State Bar–certified Family Law Specialist. His practice focuses on complex divorce and family law matters, including high-net-worth divorces, division of business interests and real property, retirement asset division, and long-term support issues. Known for his strategic and detail-oriented approach, Dan works closely with clients to provide clarity and steady guidance through financially and emotionally complex situations. Learn more about Daniel R. Gold: https://tldlaw.com/our-people/daniel-gold/ About the Divorce Mortgage Strategies Podcast and the Divorce Lending Association The Divorce Mortgage Strategies Podcast is produced by the Divorce Lending Association and is designed for family law professionals, financial specialists, and individuals navigating divorce. The podcast focuses on promoting divorce literacy, financial clarity, and cross-professional collaboration to support better outcomes in divorce cases. Learn more about the podcast: https://www.divorcelendingassociation.com/reports/divorce-literacy-podcast.cfm Visit the Divorce Lending Association: https://www.divorcelendingassociation.com/
Daniel R. Gold, Certified Family Law Specialist, is proud to announce the release of his debut book, The Divorce Quarterback: A Lawyer’s Roadmap Through the California Family Law Jungle .
Accurate and complete disclosure helps protect your rights and facilitates equitable resolutions for property division, spousal support, and child support.
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