Law Office of Dorene A. Kuffer, PC Makes Case for the Constitutional Recognition of Same-Sex Marriage

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This summer, the Supreme Court will end the debate on same-sex marriage, a decision that could have wide-spread, legal ramifications. The Law Office of Dorene A. Kuffer, PC weighs in on why such a decision is important, and what it might mean.

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Constitutionally recognizing gay marriage would make uniform many of the issues that are associated with legal marriage. The existing differences between the states are having a profound impact on real people -- creating conflict and confusion.

At the end of January, the Supreme Court agreed to resolve the same-sex marriage debate once and for all, according to the Daily News Journal (January 30, 2015). In April, justices will listen to two and a half hours of oral arguments, considering four cases from Michigan, Ohio, Kentucky, and Tennessee. At the end of late June, the Supreme Court will issue its ruling, which could make same-sex marriage legal across the nation.

"This issue needs to be decided at the federal level," said Dorene Kuffer, Senior Attorney from the Law Office of Dorene A. Kuffer, PC. "There are just too many rights that spring from marriage that need to remain consistent no matter which state you were married in, move to, or move from. Issues like: child support, adoption, legal parent status, divorce, and benefits to name only a few."

Kuffer makes a compelling case for same-sex marriage, arguing that such a decision is the pragmatic thing to do.

"The biggest reason [to make same-sex marriage legal on the federal level] is to have consistency among all the states in the union. State laws are typically based on State’s regional beliefs and needs as well as their specific history of case law," said Kuffer, who works with a team of family law attorneys. "Constitutionally recognizing gay marriage would make uniform many of the issues that are associated with legal marriage. The existing differences between the states are having a profound impact on real people -- creating conflict and confusion."

For example, a child could be born of a same-sex marriage in New Mexico and if the family winds up moving to Texas, then the child will legally have only one parent, the biological mother. If the child suffers an injury in a state that doesn't legally recognize same-sex marriage, then the non-biological parent might not be able to make important decisions regarding the child's health, or even be able to see their child in the hospital.

Clearly, a positive decision would have several, positive, legal repercussions.

"The impact would be profound and change the way our law office presently provides legal services to gay and lesbian couples," said Kuffer. "Based on the decision in Windsor, I am hopeful that the Court will decide that the freedom of same sex couples to marry is a due process right just as they decided for interracial couples in Loving v. Virginia. Further I believe they will find that all states must recognize the valid marriages of couples married in other states."

Should the ruling come back favorably -- as Kuffer hopes -- the Law Office of Dorene A. Kuffer, PC knows which steps will need to be taken moving forward.

"Depending on the wording of the ruling, it may validate some marriages that were not previously recognized – so to the extent that happens, we will help those couples, and all couples, really," said Kuffer. "We’ll be happily helping any new or existing clients navigate through this new territory!"

About The Law Office of Dorene A. Kuffer, PC

The Law Office of Dorene A. Kuffer, PC handles divorce, visitation, custody, and CYFD cases, among other issues. The experienced team helps a variety of family law clients obtain the professional, legal representation they need. To learn more, visit kufferlaw.com

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Susan Dougherty