One of the difficult challenges that all attorneys face is how to advise clients when a particular issue or area of the law is unsettled. It is imperative to recognize what the current state of the law is, anticipate where changes in the law may be headed, and educate the client as to these issues and also to manage the client’s expectations. Only by taking these steps can an attorney attempt to protect clients’ interests and help them achieve their goals. Advising same-sex couples is one area of law that presents an enormous challenge at this time as the law seems to be changing almost daily.
In 2013, the U.S. Supreme Court ruled that the Defense of Marriage Act’s requirement that “marriage” and “spouse” could only apply to heterosexual unions was unconstitutional. Since then, state law bans on same-sex marriage have been crumbling in a flurry of lawsuits throughout the country in both federal and state courts. Florida is currently a very hot battleground over this issue as no fewer than four current lawsuits are seeking to overturn Florida’s ban on allowing and recognizing same-sex marriages are proceeding at various stages.
