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Estate-Planning Construction Issues Post-Obergefell

Court interpretations need to acknowledge the legality of same-sex marriages.

The U.S. Supreme Court decision in Obergefell v. Hodge1 changed the legal understanding of marriage in the United States. By making same-sex marriage legal in all 50 states and Washington, D.C. and requiring all states and Washington, D.C. to recognize same-sex marriages from other states, the Supreme Court in Obergefell recognized evolving social attitudes toward same-sex marriage and expanded the legal definition of “marriage” to include spouses of the same sex.


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