How Legal Is Your Gay Marriage?
Article written by Maya Vukovska
On October 1st, 1989, Denmark became the first country in the world to legally recognize same-sex unions. As of 2021, in 28 other countries with a combined population of 1/6 of the world population same-sex marriages are recognized and performed.
In 2004, the San Francisco officials issued marriage licenses to 4000 gay couples although they hadn’t been granted permission by the California Supreme Court. In the USA, the battle for the legalization of gay marriages was long and tumultuous. The landmark civil case that changed the course of history for all American gay couples was Obergefell v. Hodges. In June 2015, the U.S. Supreme Court ruled into this case that the fundamental right of marriage applies also to same-sex partners on the same terms and conditions as opposite-sex partners.
Now, if you’re reading this, it’s either because you’re planning to take your SO to the altar, or because you have concerns about some legal issues regarding your marriage. Let us help you with that.
Does it matter where you live?
No, and yes. While the Supreme Court’s ruling of 2015 overrides all previous state bans, many of them still remain on books, due to either political reluctance to remove them, or a pure bureaucratic laziness. You can face some impediments if you decide to tie the knot with your man in some states. In Indiana, for example, the legislators think it’s unreasonable to remove the “only a female may marry a male” clause from the now-existing legal code, and to them, it is not a controversial language at all!
Ever since 2015, the Republicans in Virginia have been trying really hard to nullify gay marriages. Just a month ago, 45 Virginia GOP lawmakers voted to keep the same-sex marriage ban without even care to explain why. Next year, the legislature will attempt to kill the ban once again, and then place it for a public vote.
The state of Nevada does recognize both marriage and domestic partnership between same-sex couples. But! Some rights - like the right not to testify, the right to inherit will, and some federal tax advantages - are available only to those who got married by an Elvis impersonator in a wedding chapel in Las Vegas. Or in another setting.
The U.S. visa tribulation
OK, let’s say you are not an American citizen, but you are granted a visa for any purpose - work, study, etc. You want to bring your partner with you but you can’t be sure if that’s possible. If yours is not only a hookup but a valid marriage according to the jurisdiction where it took place, there should be no legal barriers before you two lovebirds. You just need to get acquainted with the information on the USCIS website. Married gay couples can apply for a family-based green card, the same as opposite-sex couples can.
90 Days Fiancé
You’ve watched the show, right? Then you know that it takes a lot of paperwork and a considerable amount of money for an American citizen to bring their overseas fiancé to the USA. If it’s impossible to get married in your boyfriend’s country because the laws don’t allow it, then he’d better apply for the K-1 fiancé visa first. Once your future husband comes to the USA and marries you, he can also apply for a green card. Needless to say, you have to convince the government that your relationship is not a scam by submitting enough evidence like screenshots of love messages and Snapchats (dick pics, however, are not a good idea!), hotel receipts, declarations from friends and family, and so on. Furthermore, you have to prove that you have sufficient income to sponsor your partner. Even if you are still living in your parents’ basement and playing video games all day long you need to show them the money and that should be at least $20, 300 per year. Sorry, bro, love can hurt… and cost a lot.
What about taxes?
For a heterosexual couple, taxes are easy as pie to handle. Not the same case with gay couples, though. But again it all comes down to your place of residence. If you live in a non-recognition state, both of you have to fill out your state returns as single, but the federal returns - as married. If it gets too tricky, you’d better refer to a tax professional who is knowledgeable in same-sex tax issues.
So, how safe is your gay marriage, really?
The experts in the area claim that in the short term it is safe. There’s a possibility, though, that the Supreme Court overturn Obergefell in the coming years. Trump’s administration had a considerable impact not only on the Supreme Court but also on the lower courts which not once and twice received criticism for anti-LGBTQ rulings. If Biden, however, succeeds in expanding the nine-member bench at the Supreme Court as he’s planning to, then all gay couples may expect for the status quo to remain unchanged.
