Before They Overturn Obergefell: Marriage Equality Protections You Need Now
- Dr. Chrissy Mackey
- Aug 13
- 3 min read
Marriage equality was never handed to us. We fought for it, won it, and lived it. Now, those hard-won rights are in jeopardy.
The U.S. Supreme Court is preparing to re-hear Obergefell v. Hodges, putting Obergefell marriage equality protections for LGBTQ+ couples at risk. If the ruling is overturned, some marriages may no longer be recognized at the federal level. Some states will stand by equality, but many won’t; and that could impact your ability to protect each other when it matters most.
The time to act is now. Here’s how to protect your partner, your rights, and your love no matter what the Court decides.
Steps to Safeguard Your Obergefell Marriage Equality Protections
(Adapted from legal advice shared by LGBTQ+ attorneys and community advocates)
These nine documents won’t replace marriage rights, but they can create a legal safety net that protects your relationship and preserves your Obergefell marriage equality protections even if the law changes.
Irrevocable Living Trust – Makes sure your assets are managed and distributed exactly as you intend, without interference from laws that might exclude your partner.
Last Will and Testament – Names who inherits your property, money, and possessions so that next-of-kin laws can’t erase your spouse from the picture.
Healthcare Power of Attorney – Grants your partner the right to make medical decisions if you can’t speak for yourself.
Durable Power of Attorney – Allows your partner to handle finances, property, and other important matters if you’re incapacitated.
Living Will – Clearly states your wishes for end-of-life care so your partner can advocate for you without question.
Hospital Visitation Authorization Form – Ensures your partner can be by your side in a hospital, even if legal spousal visitation rights are stripped away.
Agent for Disposition of Remains – Gives your partner the authority to carry out funeral and burial arrangements according to your wishes.
Pet Care Directive (if you have pets) – Names your partner as the person responsible for your animals if you can’t care for them.
Tangible Personal Property Memorandum – Specifies who should receive specific personal items, and can be updated without redoing your will.
Why It Matters
Without these documents, the law could decide that the only people with rights in your life are those related by blood or recognized under a narrower definition of marriage, leaving your Obergefell marriage equality protections meaningless in practice.
Being blocked from your partner’s hospital room.
Losing shared property to unsupportive relatives.
Having no say in medical decisions or final arrangements.
Watching your partner’s wishes ignored because your relationship “doesn’t count” on paper.
This isn’t just paperwork, this is love in legal form. It is a promise that, no matter what the Court decides, we are still each other’s chosen family.
Take Action Now
The law may fail us, but we don’t have to fail each other. If you can, work with an attorney who understands LGBTQ+ rights in your state. Make a plan, sign the papers, and keep copies somewhere safe.
Taking these steps now means your Obergefell v. Hodges marriage equality protections won’t vanish overnight if the Court rules against equality.
We didn’t stop fighting when we won marriage equality, and we won’t stop now.
📹 Source: YouTube – Legal Prep for LGBTQ+ Couples
Take these steps today, share them widely, and help the LGBTQ+ community stay protected. Your rights, your love, and your lives are worth defending; and preparation is an act of love. Download the FREE checklist below.
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