Gay Marriage and the Problem of Property

Authors

Andrea Beauchamp Carroll
Christopher K. Odinet, Texas A&M University School of LawFollow

Document Type

Article

Publication Date

2016

Journal Title

Washington University Law Review

ISSN

2166-7993

Abstract

The Supreme Court’s gay marriage decision in Obergefell has been hailed in almost all corners as a milestone in American jurisprudence. From topics as varied as adoption and taxes, a myriad of rights have now descended upon gay couples as a result of the Court’s ruling. In this Essay we explore the little discussed downsides of the decision when it comes to the property rights and debts of the spouses. This is particularly important when considering the rights of third parties and their settled expectations in the context of retroactivity, as well the ways in which the Court’s decision may have the undesirable affect of undoing the carefully laid plans of the spouses. We conclude that courts and legislatures have by no means seen the end of the gay marriage debate. Rather, a host of unforeseen collateral issues lie on the horizon.

First Page

847

Last Page

857

Num Pages

11

Volume Number

93

Issue Number

3

Publisher

Washington University School of Law

Recommended Citation

Andrea B. Carroll & Christopher K. Odinet, Gay Marriage and the Problem of Property, 93 Wash. U. L. Rev. 847 (2016).
Available at: https://scholarship.law.tamu.edu/facscholar/2142

File Type

PDF