Love, Rights, and Resilience: Safeguarding LGBTQIA+ Marriages Amid Uncertainty
Empowerment through Knowledge and Action
A wave of uncertainty swept across the nation on election night, and for LGBTQIA+ couples, this feeling is more than political; it’s deeply personal. The hard-won right to marry - bringing not only the ability to live openly as married partners, but also the legal protections that accompany it - may now feel at risk. Queer couples who fought for decades to have their relationships recognized under the law achieved a monumental victory in 2015 with the Supreme Court’s decision in Obergefell v. Hodges. Yet, less than a decade later, this landmark decision could be in jeopardy.
Many of us, myself included, never imagined we’d see SCOTUS overturn Roe v. Wade, a decision that stood for nearly fifty years. But as history has shown, even long-standing precedents can be reversed. And because queer marriage was achieved through a court ruling rather than legislation, it is more susceptible to reversal - especially with a conservative Supreme Court.
As the old saying goes, knowledge is power. By understanding your current LGBTQIA+ marriage rights and exploring proactive ways to reinforce them, you and your spouse can take action to protect what matters most. Below, you’ll find practical steps and recommendations. While nothing can offer absolute certainty, these will provide a stronger foundation of protection if challenges arise.
How Can You Strengthen Protections Marriage Provides?
Healthcare Decisions
In critical medical situations, having the right person by your side to make decisions, advocate for you, and honor your wishes is crucial.
- Establish a Healthcare Representative: To ensure that your spouse is recognized as your healthcare decision-maker, designate them as your healthcare power of attorney. This legal document ensures that if you are incapacitated, your spouse will be the one to make healthcare decisions on your behalf. Without this designation, your spouse’s ability to advocate for your medical wishes could be challenged, especially if your queer marriage is no longer legally recognized.
- Get a Living Will: Also known as an Advanced Healthcare Directive, a Living Will is a legal document containing your wishes about what medical treatment you would like to receive if you are unable to communicate or make decisions for yourself. Although you do not designate a representative in a Living Will, having one relieves your spouse from making these difficult decisions. This can be especially important if there is a disagreement between your spouse and other family members.
Parental Rights
For queer couples with children, securing legal parental rights for both partners is essential to protect your family unit.
- Explore Second-Parent Adoption: If only one partner is legally recognized as a child’s parent, consider pursuing a second-parent adoption. This process legally establishes both partners as the child’s parents, safeguarding your family structure if your marriage were ever questioned.
- Establish Guardianship in a Will: Designate your spouse as your children’s legal guardian in the event you’re unable to care for them. This step ensures your spouse will have the right to care for your children and make decisions on their behalf if something happens to you.
Financial Security
You have options to ensure your assets are protected and transferred to your spouse and children if something were to happen to you.
- Draft a Will and Establish Estate Plans: Estate planning allows you to provide for your spouse and children, protect your assets, and avoid lengthy legal battles. Ensure that your spouse inherits your assets and can navigate the probate process smoothly. A will can prevent unnecessary complications in probate court, and clear estate planning allows you to specify how your assets should be distributed.
- Use TOD (Transfer on Death) Designations for Financial Accounts: Many financial institutions offer transfer-on-death (TOD) designations, allowing you to name your spouse as the beneficiary of your accounts. This designation ensures that funds can quickly transfer to your spouse without the need for probate, providing quicker access to financial resources.
While the future of queer marriage rights may seem uncertain, you can take proactive steps to protect yourself, your family, and your rights. By securing these essential protections, you’re not only safeguarding your love but also affirming the dignity and importance of your relationship. Although no single action can fully insulate against changes in the law, building these protections into your life empowers you to face the future with resilience.
In a world where love should be celebrated and honored, let’s keep taking steps to protect that love, ensuring that queer families remain strong, secure, and supported - no matter what the legal landscape may bring.
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