The history of the LGBTQ community has never been easy. Since the beginning, the community has been fighting hard to earn equal civil rights as every citizen. 1970 was when a same-sex couple first applied to get married but was denied by the US court.
Luckily, over the years, the community has been getting larger support from citizens. Many people agree to same-sex marriage and to give the community equal rights they deserve as citizens.
By 2019, at least six out of ten adults agree that same-sex marriage must be legal in US states. This acceptance comes after the US Supreme Court took down the same-sex marriage bans in the US states and allowed same-sex marriage on June 26, 2015. On that day, the Constitution recognized the rights of the LGBTQ community to celebrate their union in the eyes of the law.
The US Supreme Court also deemed that the ban on same-sex marriage is illegal because it violates the constitutional laws against discrimination. The court says so because the ban on marriage among these couples also prevents an individual’s access to basic human rights such as housing, taxation, and social security.
Before marriage equality existed, couples from the LGBTQ community didn’t have the legal right to file taxes as a couple. They also could not legally inherit the properties of their partner at the time of death. A partner of a same-sex couple could not even make medical decisions for their partner because of legal complications. With the lifting of the same-sex marriage ban, these rights are now given to same-sex couples.
The lifting of the same-sex marriage bans among different US states has been an incredible help to children with same-sex parents. Before the ban has been lifted, these children are subjected to stigma and legal disadvantage.
Just as same-sex couples have the right to now marry, they also enjoy the right to divorce and separation. As it is a relatively new area, people who wish to seek separation usually ask advice from a gay divorce attorney.
Same-sex couples who got married after the ban was lifted can easily file for divorce in the state where they are residing. The residency requirement for a state is usually six months before a person can file for a divorce. However, every state may have different rules, so it is always best to consult the lawyers and check the federal laws existing in the state.
For the process of divorce, states may either offer a no-fault divorce or a fault-based process. This means a couple may choose to divorce without giving a justifiable reason why a marriage is over or a partner may cite grounds such as adultery or abandonment as the cause of the divorce. During the separation process, the judge will give a decision on the division of marital properties and child custody if needed.
In terms of the division of property, the judge may divide it equally among couples. But most of the time, it will also depend on the time the marriage became legal. The problem here is that a same-sex couple may have acquired properties together for years, even before the marriage became recognized by the law.
The court usually recognizes properties acquired before marriage as separate property and, therefore, is separate from the division of property. But it is still based on the judge’s discretion.
In terms of child custody and support, it is best if a couple agrees to have a co-parenting plan for the kids. Having such an agreement will avoid a hurtful process and battle over who gets custody of the child. For same-sex couples, this is especially ideal because it eliminates the involvement of the law.
This is because most same-sex couples may have adopted a child before their marriage became legal. As such, only one parent may only be registered as the adoptive parent of the child. Therefore, the other parent may not have legal rights to the child and may not be awarded child custody or visitation rights. It can be especially hard for the other parent who is not recognized by the law on paper.
LGBTQ Right Against Discrimination
Same-sex marriage and divorce are only some of the rights the LGBTQ community has fought for and is continuously fighting for. The fight goes on for acceptance in most US states, including the fight against discrimination in the workplace and the community.
Discrimination is all around, and the LGBTQ community is especially vulnerable. Though some states and local government units have ongoing policies regarding discrimination against race, sex, religion, and country of origin, these policies are limited when protecting individuals based on gender identity.