On June 26, 2015, the Supreme Court of the United States delivered a historic 5-4 ruling legalizing same-sex marriage in all 50 states. In issuing the decision in Obergfell v. Hodges, Justice Kennedy, writing for the majority, explained that the Constitution provides the right for same-sex couples to marry and that all states must recognize their unions. Citing the Fourteenth Amendment and a long line of cases, the Supreme Court concluded that “the reasons marriage is fundamental under the Constitution apply with equal force to same-sex couples.”
Justice Kennedy concluded his Opinion as follows:
“No Union is more profound than marriage, for it embodies the highest
ideals of love, fidelity, devotion, sacrifice, and family. In forming a marital union, two people become something greater than they once were. As some of the petitioners in these cases demonstrate, marriage embodies a love that may endure even past death. It would misunderstand these men and women to say they disrespect the idea of marriage. Their plea is that they do respect it, respect it so deeply that they seek to find its fulfillment for themselves. Their hope is not to be condemned to live in loneliness, excluded from one of civilizations oldest institutions. They ask for equal dignity in the eyes of the law. The Constitution grants them that right. The judgment of the Court of Appeals for the Sixth Circuit is reversed. It is so ordered.”
As in all States, divorce laws in Pennsylvania and Delaware will now apply to same-sex couples. This will be the case whether the marriage occurred in one of these states or in another jurisdiction. Should you have any questions regarding same-sex marriage or divorce, please contact one of our family law attorneys.
