The Lesbian, Gay, Bisexual, and Transgender community has experienced, and continues to experience, many struggles with attaining equality and acceptance. Achieving nationwide marriage equality in 2015 was a watershed moment for both LGBTQ equality as well as human dignity. Marriage equality victories also reaffirmed that the LGBTQ community has the right to access the courts to address family law issues like anyone else.
Artemis Family Law Group believes in making sure all our clients feel respected and heard. This philosophy especially includes members of the LGBTQ community. It is of paramount importance that clients feel completely comfortable with their attorneys during stressful litigation and family struggles. All attorneys at Artemis are honored to be members of the Central Florida Gay & Lesbian Law Association. We have proudly helped many individuals in same-sex couples navigate the new world of prenuptial agreements, name changes, and divorce, and will continue to represent all members of the LBGTQ community in any family matters they may have.
Please contact us to discuss further any questions or concerns about a family law matter you or a loved one may be experiencing. Please click here in order to schedule a consultation at your convenience.
Frequently Asked Questions
Potentially yes, but not right now. In 2022, the United States Supreme Court reversed four decades of precedent in overturning Roe v. Wade, which had recognized a woman’s constitutional right to obtain an abortion nationwide. This, along with some troubling language from concurring justices, signaled a willingness by the Court to ignore stare decisis, the legal doctrine that instructs courts to adhere to previous decisions. Also troubling is the Supreme Court’s composition, which has changed since 2015 when marriage equality was first recognized. Since then, the Court’s members have become more conservative and thus more hostile to the recognition of constitutional LGBTQ rights.
The good news is that the Supreme Court does not simply pick an issue to rule on randomly. Appeals must wind their way through the lower courts before making their way to the Supreme Court, who must then choose to take on the matter. Even then, between oral arguments and the Court’s lengthy time period to analyze and issue written opinions, there should be ample warning if marriage equality is being brought back before the Court to reweigh its prior opinion. Artemis Family Law Group continues to monitor legal news and trends and will update this section accordingly if there appears to be a case that could impact marriage equality headed for the Supreme Court or if any additional federal protections (or restrictions) are passed by Congress.
There would be legal chaos. It is very unlikely that it would impact existing same-sex marriages nationwide. However, bans on performing same-sex marriages in various states, including Florida, would be effective once again. But those bans would not have any impact on already-married same-sex couples. It would mean, however, that new same-sex marriages in Florida could no longer be performed.
However, Congress passed the Respect for Marriage Act in 2022, which requires all states to recognize same-sex marriages performed in other states. This means that if Obergefell, the United States Supreme Court case recognizing the constitutional right of same-sex couples to marry, were overturned, same-sex couples in Florida could get married in a state where it is legal, and Florida would have to recognize it. This of course represents a financial burden, not to mention an assault on one’s dignity, but it does mean that as long as same-sex marriages are performed in some states, they will be recognized nationwide unless and until Congress overturns the Respect for Marriage Act, regardless of what the Supreme Court decided.
This is a personal decision, of course. However, many states, including Florida, have recently begun an unprecedented assault on the transgender community. Currently name changes are permitted relatively liberally in Florida, after filing some forms, submitting to a background check, and attending a hearing. There is no reason to believe at this moment that the ease of obtaining a name change is imperiled. But political winds can change quickly. If you have been contemplating a name change and putting it off, you should consider that the ability to do so may be restricted in the future. If Artemis Family Law Group hears of any restrictions on name change laws planned by the legislature in the future, we will update this section to let you know. In the meantime, we are happy to help any individuals obtain a legal name change, whether representing you in court or directing you to resources so you can obtain the name change yourself.
While Artemis Family Law Group supports adoption, including adoption by same-sex couples, we do not do adoptions of any kind. If you contact us, however, we will refer you to attorneys who do adoption law and are friendly to the LGBTQ community.
