What can you do about GLBTQ+ and Polyamorous Relationship Family Law?
Congratulations! You can marry! For Now.
There is concern that the United States Supreme Court with it's strong Christian- biblical conservative majority will overturn cases which protected LGBTQ+ rights and will disallow future marriage equality. I think this is unlikely. Apart from creating a nightmare of unequal protection and reasonable reliance on government licenses, they are expanding or refusing to reduce Equal rights for now. However,
many aspects of the law remain extremely unsettled at the present time:
Will a same gendered step parent be allowed to adopt?
Can a child of one parent be placed into shared parenting?
Which bathroom are you allowed to use!
Can a step parent become a co-legal custodian?
Which court can hear this matter? Who has jurisdiction?
At the present time (after July, 2015) marriage equality is finally the law of the land but previous court rulings and statutory language still may provide impediments to full family equality.
What comes next is not guaranteed. This is why you still need to consult with an attorney. Choose an attorney who is up to date on the status of the law at the time you decide what you want to do.
The Federal Court of Appeals for the Sixth District governs Ohio. It was the only Federal Circuit in the nation which had said that it was legal to discriminate against the LGBTQ community with respect to marriage. The Supreme Court of the United States has overruled that in Obergefell v. Hodges; however, the Sixth Circuit will still be the court to rule whether other forms of discrimination are legal. Until all of these matters are settled the fight is not won. The victory was stupendous but it is not complete, but much work remains to be done.
Do not assume that you have protections that you really do not have.
Many states are passing new laws to encourage discrimination against the LGBTQ community. Ohio is looking at placing a "Bathroom Bill" on the books.
If you have property or children to protect, see an attorney. Period.
If you face discrimination, see an attorney. Period.
What can you do about GLBTQ Inheritance?
There are ways to ensure that your unmarried partner inherits your property regardless of your legal next of kin's opinion or opposition. The legal next of kin are determined in the same way as those who inherit if you die without a will. Marriage allows you to designate your new spouse as your next of kin, a right which the GLBT community had not had until 2015; however, if you choose not to marry you can still protect your property and intentions. There are various ways to do this depending upon the nature of the property. Again, talk to an attorney who is knowledgeable about GLBTQ and probate issues.
What can you do about GLBTQ+ and Polyamorous Property Ownership?
Not unlike inheritance, there are ways to title property so that your unmarried partner or partners have a fairly bullet-proof interest in the property regardless of the positions taken by or the opposition of your legal next of kin. This becomes less difficult for your spouse.
Is there any way to be treated equally under the law in Ohio?
Yes and no. Equally? Not at this time. You can finally marry, but you can also still be fired for being GLBTQ. Or friendly to the community. And now they are trying to make it illegal for you to use the bathroom. But you can finally change your Birth Certificate in Ohio to reflect your gender.
Congratulations! You can marry! For Now.
There is concern that the United States Supreme Court with it's strong Christian- biblical conservative majority will overturn cases which protected LGBTQ+ rights and will disallow future marriage equality. I think this is unlikely. Apart from creating a nightmare of unequal protection and reasonable reliance on government licenses, they are expanding or refusing to reduce Equal rights for now. However,
many aspects of the law remain extremely unsettled at the present time:
Will a same gendered step parent be allowed to adopt?
Can a child of one parent be placed into shared parenting?
Which bathroom are you allowed to use!
Can a step parent become a co-legal custodian?
Which court can hear this matter? Who has jurisdiction?
At the present time (after July, 2015) marriage equality is finally the law of the land but previous court rulings and statutory language still may provide impediments to full family equality.
What comes next is not guaranteed. This is why you still need to consult with an attorney. Choose an attorney who is up to date on the status of the law at the time you decide what you want to do.
The Federal Court of Appeals for the Sixth District governs Ohio. It was the only Federal Circuit in the nation which had said that it was legal to discriminate against the LGBTQ community with respect to marriage. The Supreme Court of the United States has overruled that in Obergefell v. Hodges; however, the Sixth Circuit will still be the court to rule whether other forms of discrimination are legal. Until all of these matters are settled the fight is not won. The victory was stupendous but it is not complete, but much work remains to be done.
Do not assume that you have protections that you really do not have.
Many states are passing new laws to encourage discrimination against the LGBTQ community. Ohio is looking at placing a "Bathroom Bill" on the books.
If you have property or children to protect, see an attorney. Period.
If you face discrimination, see an attorney. Period.
What can you do about GLBTQ Inheritance?
There are ways to ensure that your unmarried partner inherits your property regardless of your legal next of kin's opinion or opposition. The legal next of kin are determined in the same way as those who inherit if you die without a will. Marriage allows you to designate your new spouse as your next of kin, a right which the GLBT community had not had until 2015; however, if you choose not to marry you can still protect your property and intentions. There are various ways to do this depending upon the nature of the property. Again, talk to an attorney who is knowledgeable about GLBTQ and probate issues.
What can you do about GLBTQ+ and Polyamorous Property Ownership?
Not unlike inheritance, there are ways to title property so that your unmarried partner or partners have a fairly bullet-proof interest in the property regardless of the positions taken by or the opposition of your legal next of kin. This becomes less difficult for your spouse.
Is there any way to be treated equally under the law in Ohio?
Yes and no. Equally? Not at this time. You can finally marry, but you can also still be fired for being GLBTQ. Or friendly to the community. And now they are trying to make it illegal for you to use the bathroom. But you can finally change your Birth Certificate in Ohio to reflect your gender.
“The evidence shows that, by every available metric, opposite-sex couples are not better than their same-sex counterparts; instead, as partners, parents and citizens, opposite-sex couples and same-sex couples are equal.”
Perry v. Schwarzenegger 704 F.Supp.2d 921 (2010)
Perry v. Schwarzenegger 704 F.Supp.2d 921 (2010)