{"id":351916,"date":"2016-04-04T11:02:42","date_gmt":"2016-04-04T16:02:42","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/family\/marriage\/same-sex-marriage-pros-and-cons.html"},"modified":"2026-07-07T16:31:00","modified_gmt":"2026-07-07T21:31:00","slug":"same-sex-marriage-pros-and-cons","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/family\/marriage\/same-sex-marriage-pros-and-cons.html","title":{"rendered":"Same-Sex Marriage Legal Pros and Cons"},"content":{"rendered":"\n
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Same-Sex Marriage Legal Pros and Cons<\/h1>\n\n
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\n By Melissa McCall, J.D.<\/a> | Legally reviewed by Melissa Bender, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

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Key Takeaways<\/h2>\n

With the U.S. Supreme Court’s landmark Obergefell v. Hodges<\/i><\/a> (2015) decision, same-sex marriage<\/a> is now the law of the land. Marriage equality is no longer limited to states like New York. Same-sex couples now have equal rights as heterosexual\/different-sex couples in marriage laws.<\/p>\n\n <\/div>\n <\/div>\n<\/div>\n\n\n

Although the Defense of Marriage Act (DOMA) was no longer valid, states could ban same-sex marriage. This Supreme Court decision (Obergefell<\/i>) cleared the way for gay people to get married throughout the United States. The ruling ushered in many other changes. For example, states must recognize same-sex marriages performed in other jurisdictions.<\/p>\n

Obergefell<\/i>\u00a0was a turning point in the fight for gay rights. This case dramatically altered the legal landscape for gay marriage, citing the Due Process and Equal Protection clauses of the\u00a0Fourteenth Amendment<\/a>.<\/p>\n

Although same-sex marriage is a fundamental civil right, marriage is not the right choice for all gay and lesbian couples. This article explores some of the pros and cons of same-sex marriage.<\/p>\n

Legal Benefits of Marriage for Gay Couples<\/h2>\n

Marriage is a human right that creates a legal framework for dealing with family, including parental rights, inheritance, or taxes. This framework confers benefits on the parties to a marriage. Many proponents of gay marriage believe there is no difference between a gay marriage and a heterosexual marriage. Both parties want the same set of benefits and marriage rights.<\/p>\n

Children<\/h3>\n

Traditionally, marriage was an ideal foundation for growing a family. Marriage ideally provides stability for all parties, including children. In the past, barriers to marriage created obstacles for gay families. Often, LGBT couples do not have the same parental rights as heterosexual couples because of their marital status.<\/p>\n

Marital status also affects issues such as child custody and visitation rights. Through marriage, non-biological parents have the same rights and responsibilities as biological parents. Upon death, the surviving parent automatically becomes the primary legal parent.<\/p>\n

Adoption<\/h4>\n

Absent marriage, same-sex couples can adopt to gain legal parental rights. No state may deny adoption to married LGBTQ couples.<\/p>\n

Joint Property Rights<\/h3>\n

Marriage generally presumes\u00a0joint ownership of property<\/a>\u00a0accrued during the marriage. The premise is different for unmarried couples. For unmarried couples, the person who acquires property owns it. With the legalization of marriage opening up choices for gay men and women, the issue of property rights can help determine if marriage is their best option.<\/p>\n

Death and Taxes<\/h3>\n

Marriage also confers a set of benefits to the surviving spouse. Married couples can take advantage of favorable inheritance laws. If one spouse dies without a will, intestacy laws favor the surviving spouse. These benefits are not available to unmarried couples.<\/p>\n

Government Benefits<\/h3>\n

Some government benefits are exclusive to married couples. These benefits include Social Security, health care, and unpaid leave to care for family members. Federal and state benefits are available to all legally married couples regardless of their gender identity or sexual orientation.<\/p>\n

Immigration<\/h3>\n

Legal marriage is one path to U.S. citizenship. Even legally married same-sex couples did not have this access to citizenship under the\u00a0Defense of Marriage Act<\/a>\u00a0(DOMA). Same-sex and opposite-sex unions are now equally protected under federal law.<\/p>\n

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Marriage and divorce laws vary by state. Find an attorney near you<\/a>.<\/p>\n

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Legal Cons of Getting Married<\/h2>\n

Formalities<\/h3>\n

Although many marriages start with beautiful ceremonies and parties, marriage is a formal, legal process. Unmarried couples can get together and break up without lawyers and court hearings.<\/p>\n

Division of Property<\/h3>\n

State property laws dictate the division of marital property. In community property states, you and your former spouse divide the marital property evenly. In other states, property division is on “equitable” grounds, which could involve a 50\/50 split.<\/p>\n

Note that division of property also applies to liability for debts. Dividing assets and debts in a divorce can lead to costly battles. For unmarried couples, each partner can leave with whatever they accumulated. They each bear responsibility for debts in their names.<\/p>\n

Marriage Alternatives<\/h3>\n

Although marriage equality is an important civil right, this does not mean all gay couples want to get married. And marriage is not the only option for same-sex unions. Civil unions, domestic partnerships, and common-law marriage are a few other options for marriage.<\/p>\n

Still Unsure About Marriage? Get Legal Help<\/h2>\n

Same-sex marriage carries all the same rights and responsibilities as straight-married couples. If you have any questions about your choices as a gay couple, speak to an experienced local\u00a0family law attorney<\/a>\u00a0today.<\/p>\n

What To Consider When Hiring an Attorney for Same\u2011Sex Marriage Legal Issues<\/h2>\n

Even with nationwide marriage equality, many same\u2011sex couples still hesitate to hire an attorney<\/a> because they\u2019re worried about cost, whether their situation truly requires legal help, or whether they\u2019ll encounter bias. But understanding and overcoming these hesitations can help you make the best choice for your family and your future.<\/p>\n