Do This Paperwork to Protect Yourself in the Event Marriage Equality Gets Turned Over

Same-sex couples must complete essential legal paperwork now to safeguard their rights in case marriage equality is reversed.

We knew this moment would come: the U.S. Supreme Court has officially been asked to to reconsider Obergefell v. Hodges, the landmark decision that brought marriage equality nationwide.

Will current, legal same-sex marriages be affected should Obergefell be overturned? Yes. The 1,138 state and federal rights provided to you via your marital status will be at risk. These can range from hospital visits and estate inheritance, to second parental rights.

But What About the Respect For Marriage Act?

The Biden administration passed the Respect for Marriage Act in 2022, requiring all states to recognize marriages performed in other states. And while that offers some protection in the event that Obergefell is overturned, there is a religion loophole, which the Republicans insisted to include in order for them to sign it, stating that people can use their religion to refuse products and services to same-sex couples. In other words, full states could potentially pass religious exemption laws that would refuse marriage licenses to couples.

Next Steps

Right now, these rights are currently in place because you are married. But should that be deemed “not enough” because of “religious exemption rights,” you need to make sure that you have your OWN paperwork in place. According to Under the Desk, there are nine documents that every partnership needs to have in order to recreate the rights that marriage automatically gives:

Irrevocable Living Trust
The Last Will and Testament
Healthcare Power of Attorney
Durable Power of Attorney
Living Will
Two forms of Hospital Visitation Authorization Forms (one for partner and one for chosen family/friends for access to you at hospital in case of emergency)
Agent for Disposition of Remains
Pet Care Directive
Tangible Personal Property Memorandum

While most estate legal firms offer filings of these documents, Pride Plans, an LGBTQ+ legal planning firm, is offering up these documents at a wildly discounted rate, essentially only charging for the actual filing costs of the paperwork, and are specific for the LGBTQ+ community.

Breakdown of the Paperwork

1. Irrevocable Living Trust
A legal tool that holds your assets for your beneficiaries. Once set up, it generally can’t be changed, helping ensure your partner inherits property even if state laws no longer recognize your marriage.

2. Last Will and Testament
Spells out who gets your assets when you die. Without marriage recognition, your partner may have no automatic inheritance rights, so a will ensures they’re named and protected.

3. Healthcare Power of Attorney
Authorizes your partner to make medical decisions for you if you’re incapacitated. Without this, a non-recognized spouse could be shut out in favor of next of kin.

4. Durable Power of Attorney
Allows your partner to handle financial and legal matters on your behalf if you can’t. This could be critical for paying bills, managing accounts, or signing documents if your relationship isn’t legally recognized.

5. Living Will
States your wishes for medical treatment (life support, resuscitation, etc.). Ensures your partner and doctors follow your preferences, even if your marriage isn’t recognized.

6. Hospital Visitation Authorization Forms

Partner Form: Guarantees your partner can visit you in the hospital, even if they’re not legally recognized as next of kin.
Chosen Family/Friends Form: Extends that same visitation right to close friends or chosen family members.

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7. Agent for Disposition of Remains
Gives your partner authority over funeral and burial/cremation decisions. Without it, these rights typically go to legal family members.

8. Pet Care Directive
Names who will care for your pets if you can’t. Helpful to ensure your partner retains custody of shared pets.

9. Tangible Personal Property Memorandum
Lists specific personal items (jewelry, furniture, heirlooms) and who should receive them. It can help ensure your partner keeps meaningful possessions without dispute.