In Washington, D.C., today, the U.S. Supreme Court started hearing arguments in Obergefell v. Hodges, a case that could determine whether same-sex marriage is a constitutional right. While the court likely won't rule until June, it's important to understand what the justices are currently deciding and what a ruling for gay marriage would actually mean.
Gay marriage is already legal in 37 states and Washington, D.C., (click here for a state-by-state map) and on June 26, 2013, the U.S. Supreme Court overturned DOMA, a 1996 law that denied federal benefits to same-sex couples. From that moment on, any gay spouse has had access to a partner's Social Security and veterans' benefits, health insurance, retirement savings, and more.
That victory aside, same-sex marriage is still illegal, contested, or simply unrecognized in 13 states, which means same-sex couples in Georgia or Kentucky are unable to capitalize on benefits that are held at the state level. If the Supreme Court decides that same-sex marriage is, in fact, a constitutional right, these 13 states will be forced to recognize same-sex married couples and grant them additional benefits. Here are three examples:
1) The right to file joint state tax returns.
Tax law is far too complicated to dive into here, but there can be tax benefits for husbands and wives (or husbands and husbands or wives and wives) who are allowed to file jointly. You can delve into those rights here.
2) Ownership of joint property.
If a marriage ends, same-sex spouses would have rights to assets accumulated during the marriage, as well as the right to spousal support. In addition, if one spouse should pass away, the other would have rights to any property they shared—say, a house or a car. (As the laws stand now, the deceased spouse's family could step in and try to claim ownership of the couple's home or any other property.)
3) Next-of-kin rights.
In the event that a spouse is hospitalized, the partner's visitation rights and the right to make medical decisions are determined at the state level. So if same-sex marriage isn't recognized in your state—even though it might be recognized at the federal level—a hospital can technically force a same-sex spouse to leave the room and pass any decision-making rights around the spouse's health to his or her family. Should the Supreme Court rule that same-sex marriage should be recognized at the state level, any spouse—whether same-sex or opposite-sex—would be allowed the right to participate in the partner's health decisions and end-of-life care.