New York City LGBTQ+ divorce and family lawyer Juan Luciano (https://divorcelawfirmnyc.com/is-gay-marriage-about-to-be-made-invalid-in-new-york/) is closely watching national legal developments that have sparked concern among LGBTQ+ couples. As headlines swirl about a potential Supreme Court review of the 2015 Obergefell v. Hodges decision, Luciano is providing reassurance and clarity for couples in New York. Speaking as a LGBTQ+ divorce and family lawyer, Luciano explains that while the petition has generated anxiety, the legal and practical risks to existing marriages remain minimal.
The petition in question comes from Kim Davis, a former Kentucky clerk who refused to issue marriage licenses to same-gender couples following the landmark Obergefell ruling. Now, a decade later, Davis is asking the U.S. Supreme Court to revisit that precedent. As a LGBTQ+ divorce and family lawyer in New York City, Luciano emphasizes that this petition is widely viewed as a long shot, and even if the Court were to take the case, existing protections in both federal and state law would remain in place.
Juan Luciano, an experienced LGBTQ+ divorce and family lawyer, points to New York’s Marriage Equality Act and the federal Respect for Marriage Act as foundational protections that safeguard the rights of LGBTQ+ couples. “The Supreme Court has not agreed to revisit marriage equality,” Luciano states in the article. “And even if it were to do so, the Respect for Marriage Act and New York law provide robust protections.” His message is clear: couples should stay informed, but not alarmed.
The case at the center of the recent headlines stems from Davis’s refusal to issue marriage licenses after the Supreme Court declared marriage equality a constitutional right in 2015. After being sued by couples she turned away, Davis was ordered by a jury to pay damages. The U.S. Court of Appeals for the Sixth Circuit rejected her defense, stating that her actions were not protected by the First Amendment because she acted in an official government capacity. Now, Davis is asking the Supreme Court to overturn Obergefell, claiming the decision lacked a constitutional basis and violated her religious rights.
Luciano explains that for the Supreme Court to hear the case, at least four justices must vote in favor of granting review. To overturn Obergefell, five would be needed to reject the precedent. “There is no indication that a majority of the Court is prepared to do that,” he notes. Despite some justices having previously dissented from the 2015 ruling, legal observers broadly agree that this petition is unlikely to succeed.
For New Yorkers, state law offers an added layer of security. Luciano highlights that New York legalized same-gender marriage in 2011, well before the federal mandate. This means that even if Obergefell were overturned, the marriage would remain legal and recognized in the state. He also points to the federal Respect for Marriage Act, passed in 2022, which requires all states to recognize marriages that were valid where performed, regardless of the state’s current laws.
Luciano’s clients have also raised questions about prenuptial and postnuptial agreements in light of the uncertainty. He clarifies that while these agreements can be a useful tool for financial planning, the potential Supreme Court petition does not create a heightened need for same-gender couples to seek one. “Prenups are about planning for financial and property issues rather than protecting the existence of a marriage,” Luciano explains. He advises couples to make those decisions based on individual circumstances and not out of fear.
The heart of Luciano’s message is that while legal developments should be monitored, couples should not panic. The Respect for Marriage Act ensures that states must continue recognizing valid same-gender marriages, even if they stop issuing new licenses in the future. Additionally, federal benefits tied to marriage—such as Social Security, tax filings, and immigration petitions—will remain intact for couples whose marriages were valid when performed.
Luciano encourages couples with concerns to seek information from reliable legal sources. While misinformation can quickly create anxiety, the facts currently indicate that marriage equality remains firmly supported by both federal and New York law. “Couples can continue to marry in every state today,” he reminds readers. “And only the Supreme Court has the power to change that.”
The recent petition may have stirred national discussion, but it is not expected to overturn a decade of legal precedent. Juan Luciano urges couples to remain grounded in the legal reality, rather than reacting to worst-case scenarios. “There’s no reason to worry that the freedom to marry is going to go away anytime in the foreseeable future,” says Chris Stoll of the National Center for Lesbian Rights, echoing Luciano’s reassuring tone.
Couples who are planning their futures, or facing questions about their legal rights, are encouraged to speak with a qualified attorney who can provide guidance based on current law. Legal support remains available for those navigating marriage, divorce, and family matters in New York.
About Juan Luciano Divorce Lawyer:
Juan Luciano Divorce Lawyer is a New York City-based legal practice focusing on family-law matters, including divorce, custody, support, and marital agreements. With experience guiding clients through complex family dynamics, Juan Luciano works with individuals across all types of relationships, including same-gender couples, to help them navigate legal decisions with clarity and confidence.
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