Laws Governing Family Law And Same Sex Marriage Transformed by Supreme Court Rulings

The traditional definition of an American family has shifted dramatically after the United States Supreme Court issued two landmark decisions relating to the issues of same sex marriage equality in the cases of United States v. Windsor and Hollingsworth v. Perry. These rulings will drastically change various areas of the law.

In family law, it will change adoption of children by same-sex parents, parentage actions, guardianship actions, the ability to marry a member of the same sex, and divorce/dissolution proceedings. In addition to these changes, same sex married couples should review their retirement and health plans, as well as, as their estate plans and tax filings to ensure their partners are also being covered under the new benefits now available to them. Federal employees and military spouses should also review their employment benefits package to take advantage of the newly available federal benefits.

In United States v. Windsor, the Court held that the Federal Statute labeled as the "Defense of Marriage Act" (commonly referred to as DOMA) is in violation of the Fifth Amendment of the United States Constitution. More specifically, the court ruled unconstitutional the Defense of Marriage Act's Section 3, which defines marriage as the union of one man and one woman only for purposes of over 1,000 federal laws and regulations. Justice Kennedy, who delivered the opinion of the Court states,

DOMA writes inequality into the entire United States Code. The particular case at hand concerns the estate tax, but DOMA is more than a simple determination of what should or should not be allowed as an estate tax refund. Among the over 1,000 statutes and numerous federal regulations that DOMA controls are laws pertaining to Social Security, housing, taxes, criminal sanctions, copyright, and veterans' benefits.

Thus, the Court ruled that Section 3 of DOMA violates the equal protection rights of same-sex married couples. This means that same-sex couples cannot be denied the same federal benefits granted to heterosexual married couples.

In Hollingsworth v. Perry, the Court addressed the constitutionality of California's Proposition 8. Chief Justice Roberts drafted the opinion of the court in another 5 to 4 decision. California's Proposition 8 was adopted by the state's voters in an election that occurred in November of 2008, in which 52.3% of California voters approved the ballot measure, which made same-sex marriage illegal in California. This change presented another major change in California family law.

On June 26, 2013, the Court held that sponsors of Proposition did not have a standing, or the legal right to appeal district court's order invalidating the ban. Thus, the Court dismissed the case on the grounds of inadequate standing and the case was remanded back to the lower court with instructions to dismiss the appeal for lack of jurisdiction. Since the lower court had already declared Proposition 8 to be unconstitutional, the decision is has cleared the way for gay marriages to resume in the State of California.

Call in the Professionals for Assistance With Family Law

Family law can be quite complex which is why it is best to consult a team of family solicitors when you need the best advice. If you are looking to find an ethical approach to your divorce and minimise the damage caused to your partner or children a team of family solicitors can assist. The law relating to families requires a solicitor to put their clients at the centre of their focus, ensuring they are informed to make future-focused decisions and have access to relevant information and assistance in understanding legal jargon and paperwork.

Family solicitors are experts in family law and provide tailor-made solutions that comply with all legal regulations. Clients working in conjunction with family solicitors are more likely to find the right solution to their problems ensuring that agreements are reached quickly and without too much heartache.

If you are going through a tough divorce and need help with financial or legal matters, family solicitors can assist with all aspects of family law and are best placed to give you up to date advice to ensure you get a good deal and come out the other side relatively unscathed. Where children are concerned it is important to protect their interests wherever possible to limit the trauma suffered by a divorce or break-up. Specialist family solicitors, family consultants and mediators can assist in all forms of family law giving you advice and assistance where and when you need it.

Family solicitors deal with judges, lawyers, clients and professional experts on a daily basis and can assist with child custody cases, divorce cases, financial rights cases and many more besides. Whatever problem you are facing there is always a family law expert who can put you in the right direction so that you stop worrying and start to make the decisions that will help you move on with your life, gain custody of your children or obtain what is rightfully yours.

The extensive experience of a team of family solicitors will ensure a quick result with as little emotional pain as possible. Family law can be quite daunting so consulting a family solicitor can offer you peace of mind that you are resolving your family dispute or disagreement with the help of somebody in the know. Finding a team of family solicitors who understand all aspects of family law is easy especially if you have access to the Internet. Look for a company who specialises in all areas of the law relating to a family and who has years of experience. A good family law company will ensure you are treated with the utmost in sensitivity and understanding to help you through difficult times or court proceedings.