Some members of the LGBTQ+ community in Ohio are concerned about the future of same sex marriages and are taking precautions.
On the heels of anti-trans state legislation and presidential executive orders, lawmakers from several states have advocated revisiting Obergefell v. Hodges from 2015.
The U.S. Supreme Court in the Obergefell case required states to recognize same-sex marriages. But U.S. Supreme Court Justice Clarence Thomas has suggested the ruling be revisited.
If it were overturned, marriage equality would once again be in state hands. Dormant same sex marriage bans remain on the books in 35 states, including Ohio.
Allison Harrison, an attorney and founder of ALH law group in Columbus, said revoking same sex marriages would be logistically complicated. The federal government would likely still recognize existing marriage, she said. The Respect for Marriage Act, passed in 2022, would require state recognition of marriages from other states.
But, Harrison said Republican control of both the U.S. House and Senate has her worried for that law as well.
“We try to take it from fear to empowerment,” Harrison said. “As a community, we can protect ourselves and take some of the power back.”
Harrison’s firm has been advising LGBTQ couples to further protect their marriages or partnerships with protections offered by legal documentation.
“In the estate planning space, we can provide a lot of protections similar to marriage and rights,” Harrison said.
Like, a power of attorney form that grants the power to act on your behalf if you were to become incapacitated.
“It defaults to whoever your next closest kin is, which may not be supportive,” she said. "The same thing we look at health care visitation, ensuring that your spouse, whether or not your relationship is recognized, can visit you if you become sick."
Harrison also recommends getting to documents that are often put off: completing a will, assigning beneficiaries and nominating a guardian for end of life care.
Here's some details on those documents:
- Last will and testament: If same sex marriage is repealed, the definition of family could change. Updating estate documents can ensure a spouse or family member is listed as in your will.
- Health care visitation authorization: Most hospitals limit some hospital visitors to immediate family. A health care visitation authorization designates who you want to be able to visit you, even if they aren’t legally considered family.
- Power of attorney: Ensures a designee can make critical decisions in the event you are incapacitated. Otherwise, this power goes to next of kin.
- Living will: Outlines medical decisions in the event of incapacity.
- Transfer on death designations: Designates the title and ownership of property, like vehicles and homes.
- Nomination of guardianship: Nominates a personal and financial guardian in the event you’re unable to care for yourself, like in cases of dementia.
- Second parent adoption: Preserves right as a legal guardian to a non-biological child.