Same-Sex Marriage Legal Representation

Thurman and Associates LLC now proudly offers legal representation for same-sex couples in marriage, divorce, and custody matters since the landmark ruling on July 26, 2015.

Following the unconstitutional declaration of Ohio Const. art. XV, 11, commonly referred to as the “Defense of Marriage Act,” on June 26, 2015, by the United States Supreme Court in Obergefell v. Hodges (135 S.Ct. 2584, 192 L.Ed.2d 609), the right to marry became a fundamental liberty for all individuals. Under the Due Process and Equal Protection Clauses of the Fourteenth Amendment, the Supreme Court affirmed that couples of the same sex cannot be denied the right to marry or the associated liberties. This ruling effectively overturned previous decisions and mandated the recognition of lawful same-sex marriages performed in other states.

This legal shift extended fundamental liberties, including the right to marry, to same-sex couples. The Fourteenth Amendment’s Due Process Clause now protects personal choices integral to individual dignity, such as marriage. State courts are tasked with recognizing and respecting these fundamental interests.

Historically, the United States Supreme Court has upheld the right to marry for opposite-sex couples, as seen in cases like Loving v. Virginia (388 U.S. 1) and Turner v. Safley (482 U.S. 78). Four key principles show that the constitutionally protected reasons for marriage apply equally to same-sex couples:

  1. The right to personal choice in marriage aligns with individual autonomy.
  2. Marriage is fundamental, providing a unique and vital union for committed individuals.
  3. It safeguards children, families, and related rights.
  4. Marriage serves as a cornerstone of the nation’s societal structure.

Controversies Surrounding the Ruling

The Supreme Court’s ruling sparked debates and challenges. An example is Kim Davis, a County Clerk who refused marriage licenses to same-sex couples due to her Apostolic Christian Beliefs. Despite neighboring counties issuing licenses, some couples chose not to travel due to their strong ties to Rowan County, where they live, work, and contribute.

The American Civil Liberties Union pursued legal action on behalf of couples, resulting in Davis defying court orders and facing consequences. In Miller v. Davis (Aug. 12, 2015), the matter was appealed, with plaintiffs asserting their right to marry under 42 U.S.C. § 1983.

Thurman and Associates LLC’s Expertise

At Thurman and Associates LLC, we have extensive experience in handling cases involving same-sex couples. From dividing financial assets to allocating parental rights and responsibilities, our seasoned attorneys are well-equipped to navigate this evolving area of domestic relations law.

Do you have questions about same-sex marriages, divorce, or custody issues?

Our knowledgeable attorneys are here to guide you through the process. Reach out to us today for more information and expert legal assistance.