The Supreme Court released its much anticipated same-sex marriage decision today – Obergefell v. Hodges. The Court’s lengthy opinion, penned by Justice Kennedy, held as unconstitutional the exclusion of same-sex couples from the “privileges and responsibilities” of marriage. The decision takes the position that the Constitution requires states to license marriages between two people of the same sex and recognize same-sex marriages performed out of state. To refuse to license or recognize same-sex marriages is tantamount to denying them the “security, safe haven, and connection that express our common humanity.”
While this is a joyous occasion for many families, this decision certainly opens up the floodgates to litigation when the relationships break down, as many of them do, after marriage.