Election 2016: What is the effect on marriage equality?

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Leslie Farber working in the office. Photo by Peter Frycki.

For couples worried about the status of marriage equality as a result of the recent election, the National Center for Lesbian Rights said there is no realistic possibility that anyone’s same-sex marriage will be invalidated.

The law is very strong that if a marriage is valid when entered, it cannot be invalidated by any subsequent change in the law. So people who are already married should not be concerned that their marriages can be taken away. To the contrary, it is important that they continue to live their lives as married couples.

Looking forward for individuals who are not currently married but who may wish to marry in the future, we also think it is highly unlikely that the fundamental right of same-sex couples to marry will be challenged or that the Supreme Court would revisit its 2015 holding that same-sex couples have that fundamental right. The doctrine of stare decisis — which means that courts generally will respect and follow their own prior rulings — is also very strong, and the Supreme Court very rarely overturns an important constitutional ruling so soon after issuing it.

In addition, while the new administration is very conservative, neither Donald Trump nor anyone associated with his campaign has indicated any intention to try to turn back the clock on the freedom to marry, and the great majority of Americans now strongly support marriage equality.

Leslie Farber working in the office. Photo by Peter Frycki.
Leslie Farber working in the office. Photo by Peter Frycki.

Lawyer Leslie Farber is an Out In Jersey business partner and can be reached at www.LFarberLaw.com.