Nine Essential Documents to Prepare to Protect your Marriage Equality Rights
The Supreme Court has been formally asked to reconsider the decision in Obergefell v. Hodges, the landmark case that granted federal Marriage Equality rights. Sadly, this move was expected, and with the overturning of Roe v. Wade in 2022, a serious threat to Marriage Equality.
It’s crucial that same sex couples prepare now to ensure the rights guaranteed by marriage continue if the worst comes to pass. There are nine essential documents to prepare now that will protect your family.
Irrevocable Living Trust
The Last Will and Testament
Healthcare Power of Attorney
Durable Power of Attorney
Living Will
Two forms of Hospital Visitation Authorization Forms (one for partner and one for chosen family/friends for access to you at hospital in case of emergency)
Agent for Disposition of Remains
Pet Care Directive
Tangible Personal Property Memorandum
If you have the resources, finding a good Estate Planning attorney is the best way forward. They will be able to help prepare and file the necessary documents to ensure that your rights are protected if Marriage Equality is no longer protected in the United States.
There are also a lot of great resources online to educate your family more and provide some lower cost options, if hiring an attorney is not within your budget.
Pride Planning is a great resource, providing low cost support and legal paperwork to help LGBTQ+ Estate Planning.
This article at Findlaw.com is also a good resource.
There are also videos online on YouTube, Facebook, Instagram and TikTok that can get you started.
For more information, check out these great resources…
How To Save Your Gay Marriage - YouTube
Gaylawyer on TikTok
The Complete Guide to Florida Estate Planning in 2025
*This is not legal advice from a licensed attorney. This information is for general informational purposes only and is not intended as a substitute for professional legal advice. For advice on a specific legal issue, you should consult with a licensed attorney in your area.