The Supreme Court’s 2015 decision in Obergefell v. Hodges recognized same-sex marriage nationwide. It guaranteed the same legal rights for married couples, from inheritance to health care decision-making.
Recent legal challenges have raised questions about whether the ruling could be overturned. If that happened, the consequences for estate planning would be significant. Here’s what you need to know.
The Legal Landscape
Some opponents never accepted the outcome of Obergefell. Former Kentucky clerk Kim Davis has pursued appeals rooted in her refusal to issue marriage licenses to same-sex couples.
Meanwhile, many states still have constitutional or statutory bans on same-sex marriage. These bans remain unenforceable only because of Obergefell.
In 2022, Congress passed the Respect for Marriage Act. This law requires states to recognize marriages legally performed elsewhere. However, it does not stop a state from blocking new marriages if Obergefell falls.
A Patchwork of State Laws
Without Obergefell, marriage rules would return to state control. Some states would allow marriage equality, while others could reinstate bans overnight.
That outcome would create a patchwork of recognition across the country. Moving across state lines could mean gaining or losing marital rights, depending on where you live.
A major uncertainty is whether existing marriages would remain valid everywhere. Legal scholars are divided, and hostile states might try to limit recognition. That risk would affect couples with property in multiple states or plans to relocate.
Estate Planning Implications
Inheritance Rights and Intestacy
Spouses automatically inherit under intestacy laws when no will exists. If a state no longer recognizes your marriage, your spouse could be excluded in favor of blood relatives.
In North Carolina, the intestacy code gives a surviving spouse priority over children, parents, and siblings. Without marriage recognition, that safety net disappears, leaving property vulnerable to claims by relatives instead.
Tax Consequences
Federal estate tax law gives married couples two key benefits: the unlimited marital deduction and portability of the estate tax exemption.
If your marriage was not recognized, your spouse could lose access to both. That means your estate might face unnecessary taxes that would otherwise be avoided.
Retirement accounts would also be at risk. Surviving spouses can roll over inherited IRAs into their own accounts, but unmarried partners cannot. An overturn of Obergefell could eliminate that right.
Federal and State Benefits
Survivor benefits tied to marriage could also be questioned. These include Social Security spousal and survivor payments, veterans’ pensions, and health care decision-making rights.
Losing recognition in one state might ripple into how these federal programs are administered. That level of uncertainty highlights why private planning tools remain so important.
Mitigation Strategies in North Carolina
You cannot control how the courts rule, but you can strengthen your estate plan. Wills and trusts let you choose exactly how assets pass. A revocable living trust provides continuity and avoids probate, no matter how marriage laws shift.
Durable powers of attorney and health care directives secure decision-making authority for your chosen person. A HIPAA release allows your medical providers to share information with that individual. These documents remain effective even if a state questions your marital status.
Beneficiary designations on life insurance and retirement accounts also provide reliable transfers. By updating these regularly, you reduce the chance of disputes.
Summing It Up
Obergefell v. Hodges reshaped estate planning by giving same-sex couples full spousal rights. If the ruling were overturned, those rights could vanish in states that still have bans on the books.
The loss of the estate tax marital deduction, portability, and spousal rollovers would be especially costly. But with careful planning, you can reduce the impact of these risks.
Now is the time to review your plan and confirm your spouse or partner is protected. Our firm can guide you through strategies that secure your wishes today while preparing for an uncertain tomorrow.
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