Just last week on Wednesday June 26, the Supreme court denied prop 8, calling
it unconstitutional and ruled in favor of gay rights in California. By
striking down the
Defense of Marriage Act (DOMA) federal law allowing same sex marriage in California, there are
now 13 states throughout the United States that permit same-sex marriage.
This means that approximately 30% of Americans now live in states where
it is considered legal. The ultimate vote was 5 to 4, but the ruling only
applies to gay and lesbian couples who live in a state that recognizes
gay marriage. So what happens if you get married in one state and move
to another? Will you be able to file a joint tax return? Will you be able
to file for divorce? This new ruling has raised a number of important
questions that the Obama administration will need to sort out. If you
are in same-sex marriage and you move to another state, you will need
to research their laws on the matter, because your marriage may not be
recognized in that state.
Now that same-sex couples are allowed to marry in California, they are
eligible for the federal benefits that used to only be offered to heterosexual
married couples. The percent of opposition to gay marriage is now below
50%, with more than half of Americans now in support of same-sex marriage.
The majority of Americans in opposition to gay rights stand to be Republicans
who are 65 years of age or older. Here in the state of Missouri, same-sex
marriage is not recognized so LGBT couples are not eligible for the federal
benefits including inheritance rights, family visitation, tax benefits,
military benefits and a few others. If same-sex couples marry in another
state and move here to Kansas or Missouri, then their marriage would not
be recognized by state law. This means that they would not be able to file for
divorce in Missouri or file a joint tax return, unless Obama's administration
makes changes to extend their rights. However, same-sex couples are permitted
to adopt children in the Missouri.
Here at
The Reynolds Law Firm, LLC, we assist families with
adoptions both domestic and international. We also take on stepparent adoptions
if you looking to adopt your partner's child as your own. Our team
of Kansas City divorce attorneys has more than 20 years with family law
matters and we have a proven track record to show for it. If you would
like to learn what your
LGBT rights are here in Missouri or you are looking to adopt, then please do not hesitate to call.
Contact our Kansas City family law office to schedule a consultation today!