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Supreme Court puts same-sex marriages on docket

On behalf of Koiles Pratt Family Law Group | Jan 27, 2015 | Firm News, Same-Sex Partners

Massachusetts residents may be interested to know that the Supreme Court has the issue of whether states can ban same-sex marriages on its docket. They are expected to rule on that issue in 2015 just as the presidential races gather speed. Politicians are being pressed to go on record about their stances on same-sex marriages and some are.

According to recent survey, 57 percent of Americans believe that the constitution gives gay and lesbian couples a right to get married. Mike Huckabee threatened last fall to leave the GOP unless they take a strong stance against accepting gay marriage. In his recent book, he states that the notion that same-sex marriage is destroying the country is overstated. In addition, Sen. Ted Cruz stated that the constitution makes it clear that marriage is a question for the states and not for federal judges, who might disagree with the views of the people.

A GOP strategist predicts that gay marriage may come up in the primary but will not determine the outcome of the presidential election. Other strategists predict that conservatives will not start a war over same-sex marriage because other issues, such as terrorism, are facing the nation, and the candidates likely will choose to debate those instead.

If the Supreme Court rules that states cannot ban same-sex marriages, there could be far-reaching legal implications as more couples of the same gender are expected to marry. Same-sex couples face the same challenges as those of opposite gender marriages when they have adopt children, have disputes, separate, divorce, sort out child custody and visitation issues, and divide property. In addition, couples that have same-sex marriages may also have additional challenges. Those couples might seeks to retain the services of lawyers who might be able to help facilitate negotiations and represent their individual interests in court.

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