Roe v. Wade and Possible Future Implications for Women and LGBTQ+ Couples in Family Law
The recent ruling of the Supreme Court overturning Roe v. Wade and thus, overturning the human rights of woman and trans-woman in America may be only the first step of the new Supreme Court’s aim at dismantling the due process constitutional rights of women and LGBTQ+. In his recent concurring opinion Thomas called for fellow jurists to “correct the error” in the trio of recent civil/human rights cases; (1) legalizing the right to obtain contraception (Griswold v. Connecticut), (2) the right to same-sex intimacy (Lawrence vs. Texas) and (3) the right to same-sex marriage (Obergefell v. Hodges). This is a direct threat on the human and constitutional rights of over 50% of all Americans. Read the opinion directly here: https://www.supremecourt.gov/opinions/21pdf/19-1392_6j37.pdf
How can mediation help prepare couples who would be directly affected by these threats? Mediation can provide couples, particularly LGBTQ+ couples (even if they are currently together or already separated) to create legally binding agreements that help protect their joint assets/debts and formalize current custody arrangements or formalize custody arrangements if something were to happen to one parent or another. We do not know the direct effect on marital assets if Obergefell is overturned, or what may happen to same-sex couples rights with custody of their children—particularly if they are not on the birth certificates or were formally adopted by the other parent. These agreements will help protect those families.
Furthermore, mediation agreements can be a specific to a couples’ situation as required and can include topics on transgender issues, or adoption options by partners, IVF decisions on use of contraceptives and frozen embryos, etc.
At Family Circle Mediation we believe strongly and absolutely in the protection of the human rights of the LGBTQ+ community and those rights of all women. This is a scary time in our society and we will do whatever we can to help to protect those who need our help. Contact us for a free consultation to learn more about how we can help couples draft agreements to protect what is important to them.
