The U.S. Supreme Court has made significant changes to the legal landscape in recent months.
In the blockbuster court year that ended on June 30th, 2022, conservative justices voted 6-3 to overturn federal abortion rights, remove some limits on gun permits, curb federal regulatory power, and blur the line between church and state.
When its next nine-month term begins in October, the nation’s highest court is scheduled to hear arguments on many of the most pressing issues of our time – one of which is LGBTQ+ rights.
LGBTQ+ rights have been a contentious and emotional issue for decades, and the Supreme Court has played a major role in shaping the legal landscape.
With significant changes happening, and rights being removed in some states, now is the time to start thinking about how these changes might affect your plans for the future.
Here at Marietta Estate Planning, we understand the unique challenges that LGBTQ+ couples and families face. We are here to help you navigate the ever-changing landscape (both within Georgia and throughout the U.S.) and ensure that your wishes are carried out.
How does the Supreme Court have an effect on LGBTQ+ rights?
The Supreme Court is the highest court in the United States, responsible for interpreting the Constitution and making sure that the laws of the United States are in line with it. The Supreme Court also has the power to overturn decisions made by lower courts.
It was the Supreme Court that ruled, in a 2015 case called Obergefell v. Hodges, that the fundamental right to marry is guaranteed to same-sex couples through the Fourteenth Amendment to the United States Constitution.
However, if the court decides to overturn previous decisions such as this that have protected LGBTQ+ rights, it could have a ripple effect throughout the country.
What LGBTQ+ issues are being heard by the court in the next term?
According to The Washington Post, the court will hear an appeal from a website designer who refused to design websites for same-sex weddings because she believed it would be against her faith.
This case is similar to the 2018 decision in which the justices sided with a Colorado baker who refused to make cakes for gay weddings, but they avoided making a ruling that would allow businesses to turn away customers based on religious reasons.
Lorie Smith, a Colorado resident, is challenging a state law that prohibits businesses from discriminating against people on a variety of factors, including sexual orientation.
Smith, who lost the case on appeal, argued that the law infringed on her right to free speech because it required her to communicate messages that were at odds with her faith.
This case could set a dangerous precedent for LGBTQ+ couples and families.
If the Court sides with Smith, it would mean businesses would be allowed to discriminate against LGBTQ+ people. This could have a devastating impact on same-sex couples who want to get married, as well as those who are already married. It could also affect adoption and foster care, as well as a variety of other areas.
Justice Clarence Thomas’ Statement on LGBTQ+ Rights
In his concurring opinion to overturn Roe v. Wade, Supreme Court Justice Clarence Thomas argued that more cases require a second look – including the case that brought about same-sex marriage.
In that case – Obergefell v. Hodges – Thomas wrote a dissent, and it may be the case that he and other justices are looking for the chance to overturn the court’s previous decision.
In light of this, experts are saying it’s clear that now more than ever that LGBTQ+ couples need to get their legal affairs in order – creating wills and trusts, powers of attorneys, and electing beneficiaries as soon as possible.
Why is it important for LGBTQ+ to have an estate plan in Georgia?
Estate planning is important for everyone, but it is especially important for LGBTQ+ couples and families during these times. With rights being stripped away, it is more important than ever to protect your assets and your family.
An estate plan can help you do this in a number of ways:
- For example, it can help you ensure that your partner inherits your property if you pass away.
- It can also help you appoint a guardian for your children if something happens to both parents.
- And it can help you make sure that your assets are distributed according to your wishes.
While the future is uncertain, one thing is clear: LGBTQ+ people need to be prepared. Our team at Marietta Estate Planning is here to help.
Contact Marietta Estate Planning in Georgia
No one knows what the future holds. But don’t let the Supreme Court’s hearings this term put your family at risk. Contact Marietta Estate Planning today to draft a plan that will protect you and your family in case of an emergency.
