In June 2015, during Pride Month, the Supreme Court of the United States delivered its decision in the case of Obergefell v. Hodges. The court had voted — narrowly, 5-4 — to legalize gay marriage nationwide on the basis that “...the right to marry is a fundamental right inherent in the liberty of a person, and under the Due Process and Equal Protection Clauses of the Fourteenth Amendment, couples of the same-sex may not be deprived of that right and that liberty.”

The Opinion also stated, “No union is more profound than marriage, for it embodies the highest ideals of love, fidelity, devotion, sacrifice, and family. In forming a marital union, two people become something greater than once they were. As some of the petitioners in these cases demonstrate, marriage embodies a love that may endure even past death. It would misunderstand these men and women to say they disrespect the idea of marriage. Their plea is that they do respect it, respect it so deeply that they seek to find its fulfillment for themselves. Their hope is not to be condemned to live in loneliness, excluded from one of civilization's oldest institutions. They ask for equal dignity in the eyes of the law. The Constitution grants them that right.”

This year’s Pride Month celebration has been overshadowed by the appalling ruling by the Supreme Court in Dobbs v. Jackson which overturned over five decades of legal precedent that guaranteed the constitutional right to abortion. In Justice Clarence Thomas’ concurring opinion, he argued that the Supreme Court “should reconsider” its past rulings codifying rights to contraception access, same-sex relationships and same-sex marriage.

The dissent in Dobbs v. Jackson by Justices Stephen Breyer, Sonia Sotomayor and Elena Kagan pointed out that the constitutional right to abortion “does not stand alone,” and “the Court has linked it for decades to other settled freedoms involving bodily integrity, familial relationships, and procreation.” Indeed, the court’s past rulings in Roe v. Wade, Griswold v. Connecticut, Lawrence v. Texas, Obergefell v. Hodges and other cases “are all part of the same constitutional fabric,” the three justices continued, “protecting autonomous decision making over the most personal of life decisions.”

In other words, the ramifications of overturning Roe v. Wade extend beyond women’s rights and will have grave implications for everyone, especially LGBTQIA+ people, non-heterosexual marriages, and families.

It is disheartening that while many of us celebrate Pride Month and honor the work of many to achieve equal justice and equal opportunity for LGBTQIA+ Americans this June, we are also concerned about this critical point in history and continued attacks on hard-fought gains, including same-sex marriage, access to contraception and sexual intimacy rights.  

It is also noteworthy that more than a dozen states have recently put laws in place that go against the interests of LGBTQIA+ communities, from barring mention of sexual orientation in school curricula in Florida to threats of prosecution for parents who allow their children to get gender-affirming care in Texas. There are also several states that enacted laws prohibiting transgender athletes from participating in team sports that coincide with the gender in which they identify.

At Candelaria PC, we stand resolute in our conviction that every person must be guaranteed the right to bodily autonomy, reproductive health access, marriage equality and basic LGBTQIA+ dignity. Especially for non-heteronormative families, please get your legal affairs in order now.

There are many steps that can be taken, but here are a few examples to help you get started:

• Formally adopt your child(ren).

• Draw up a will nominating a guardian to care for your child(ren). 

• Draft or update your powers of attorney to ensure that a trusted person may make decisions regarding your finances or personal affairs, should you become unable to do so.

• Draft or update your advanced health care directives to ensure that a trusted person may make decisions regarding your healthcare, should you become unable to do so. 

• Update your beneficiaries for any transfer-on-death accounts, insurance or retirement accounts.