It is rare that a United States Supreme Court ruling will impact Texas Family Law, but this year, it did so in a big way with its June 26 ruling in Obergefell v. Hodges, involving a same-sex couple in Ohio who challenged their state’s refusal to recognize same-sex marriage on death certificates. In a deeply divided and controversial 5-4 decision, the U.S. Supreme Court held that same-sex couples have a fundamental right not only to marry, but also have those unions uniformly recognized throughout the United States.
This ruling assures existing Texas state laws regarding same-sex marriages, divorces, adoptions, common law marriage issues, premarital agreements, and most likely standing and parentage issues in child custody litigation will have to be addressed by the Legislature in future sessions.
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