Obergefell: The Final Word (But Not Really) on Same-Sex MarriageObergefell: The Final Word (But Not Really) on Same-Sex Marriage

On June 26, 2015, when the U.S. Supreme Court decided Obergefell et al. v. Hodges et al.,¹ many practitioners believed that, together with United States v. Windsor,² all debates on same-sex marriage had finally ended. To a large degree, at least as to the legality issue, that’s true. However, unbeknownst to many practitioners, beneath the decision lurks a series of thought-provoking repercussions involving property transfers and devises.³ 

The Ruling

By a 5-4 majority, the Supreme Court determined that a state can’t prohibit same-sex marriages and must also recognize valid out-of-state same-sex marriages, as both are protected under the due process and equal protection clauses of the fourteenth amendment.  

The key discussion in the due pro...