Protecting Individuals, Families And Children Every Step Of The Way

For More Than 20 Years
  1. Home
  2.  » 
  3. Same-Sex Partners
  4.  » Varying state laws on same-sex marriage cause confusion

Varying state laws on same-sex marriage cause confusion

Over the last couple of decades, attitudes and laws have changed drastically for same-sex couples. For example, Massachusetts set the standard for several other states by legalizing same-sex marriage years ago. While other states followed suit, there are still almost 40 states that have not legalized marriage between same-sex couples. Unfortunately, such variance in state laws causes’ mass confusion for same-sex couples, their employees, and, occasionally, their healthcare providers.

The issues come to light when a same-sex couple is married in a state that has legalized same-sex marriage, but then moves or commutes to a state to work that does not. For example, the couple could live in one state where same-sex marriage is allowed, but work in another where it is not. Does the employee qualify for family leave that is provided as a result of a federal mandate? Does the spouse of the employee qualify for health benefits or workers’ compensation?

The short answer is that, as a result of the Defense of Marriage Act, states that have not legalized same-sex marriage do not have to recognize a union that took place in a state that does (or district). This prevents same-sex parents from having both their names listed on a birth certificate or one spouse to even visit another during a hospitalization. Life is very complicated for a couple married in one state who is connected to or moves to another state with different laws.

However, organizations who support same-sex marriage vow to fight for equality for everyone. According to some reports, the majority of Americans are for marriage equality. If all states treated the issue as Massachusetts, the confusion surrounding work and survivor benefits for same-sex spouses would be all but eliminated.

Source: The Washington Times, “Irreconcilable differences: Conflicting marriage laws a problem for gay couples,” Cheryl Wetzstein, June 3, 2013

Archives

5 Star Reviews

A Superb Lawyer!

Lisa guided me through the divorce process and helped me obtain my desired outcome. Throughout the entire process, she helped make the process as painless as possible. Lisa is truly a super lawyer who will be an asset to anyone that utilizes her knowledge, experience, dedication and abilities!

– Eric E.

Successfully Settled My Case With Just One Court Appearance

My ex husband is an attorney and I knew I needed a top notch attorney on my side in order to secure a favorable outcome. In less than a month, from start to finish, Attorney Ruggieri successfully settled my case with just one court appearance.

– Carol K.

All Of The Online Reviews Of Attorney Lisa Ruggieri Are True!

All of the online reviews of Attorney Lisa Ruggieri are true! If you need top-notch legal advice to land you on your feet post-divorce, I would highly recommend the Law Offices of Lisa Ruggieri. Lisa is very knowledgeable and draws a strong line around defending and protecting her clients.

– Eugenia Z.

She Was Aggressive And Never Backed Down

I found Lisa through reviews and was not disappointed. Lisa and her staff were great! They were very supportive and explained everything. She was aggressive and never backed down, even when I wanted to settle. She always looked out for my best interest, even when I didn’t want to. I can’t recall a single debate she lost during the entire case. If I were ever in a similar situation again (which will not be anytime in the foreseeable future!), I would call Lisa.

– Erik T.