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(p. 7) Implications of Obergefell for Same-Sex Marriage, Divorce, and Parental Rights 

(p. 7) Implications of Obergefell for Same-Sex Marriage, Divorce, and Parental Rights
Chapter:
(p. 7) Implications of Obergefell for Same-Sex Marriage, Divorce, and Parental Rights
Author(s):

Nancy J. Knauer

DOI:
10.1093/med-psych/9780190635176.003.0002
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date: 25 August 2019

This chapter examines the implications of the landmark US Supreme Court decision Obergefell v. Hodges for same-sex marriage, divorce, and parental rights. Heralded as one of the most significant civil rights victories in recent memory, Obergefell had an immediate impact on the lives of same-sex couples by providing uniform and nationwide access to both marriage and divorce. It ended a confusing patchwork of state laws, some of which recognized same-sex marriage and some of which prohibited not only same-sex marriage but also domestic partnerships and civil unions. Obergefell also ensured that all same-sex married couples would be eligible for federal benefits regardless of where they lived. The longer-term effects and applications of Obergefell remain unclear, especially with respect to parental rights. In addition, Obergefell has ignited a backlash of religious exemptions law and concern remains that marriage equality may further marginalize nontraditional families and those who choose not to marry.

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