Possible Changes to Same-Sex Marriage Laws: What Texas Families Should Know

Could Obergefell v. Hodges Be Overturned?

When the U.S. Supreme Court overturned Roe v. Wade, it opened the door for reconsidering other landmark legal decisions. Now, legal experts and citizens alike are questioning what could be next. A recent proposal from an Idaho legislator suggests that Obergefell v. Hodges, the 2015 Supreme Court ruling that legalized same-sex marriage nationwide, could face legal challenges in the future.

The Uncertain Future of Same-Sex Marriage Rights

Obergefell was a narrow 5-4 decision, with Justice Anthony Kennedy providing the deciding vote. Since his retirement, the Court’s ideological balance has shifted to a 6-3 conservative majority. Several justices have expressed willingness to reconsider past rulings, raising concerns that Obergefell could be challenged similarly to Roe. If overturned, the effects would extend far beyond marriage, impacting parental rights, inheritance laws, and other family legal matters.

How Same-Sex Couples in Texas Can Protect Their Families

One of the most pressing concerns for same-sex spouses in Texas is parental rights. Under current law, Texas courts presume that children born during a marriage are the legal children of both spouses. However, if Obergefell were overturned, this presumption could disappear, putting non-biological parents at risk of losing legal recognition.

Adoption as a Legal Safeguard

For same-sex couples, adoption is one of the most effective ways to secure parental rights. Even if you are legally married, a non-biological parent should adopt their child to create a legally recognized parent-child relationship. This adoption would remain valid regardless of future changes to marriage laws, ensuring continued parental rights and responsibilities.

Financial and Property Considerations

If same-sex marriage rights were rolled back, financial and property-related complications could arise. Couples may need to consider legally enforceable property agreements to protect joint assets. Consulting a Texas family law attorney can help you explore options such as cohabitation agreements, wills, trusts, and estate planning tools that can safeguard your financial future.

Taking Proactive Legal Steps

While it is unclear whether Obergefell will face serious challenges, same-sex couples should take proactive legal measures to protect their rights. Working with an experienced Texas family law attorney can help you navigate potential legal risks and ensure that you and your family are protected, regardless of future court decisions.

At Coker, Robb & Cannon, we are dedicated to helping families safeguard their rights and futures. Contact us today for legal guidance and support if you have concerns about protecting your parental rights, financial assets, or legal standing.