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Marriage, Divorce, and Parenting, Legal Issues

Trans people have made great legal and social progress, although they continue to face lingering discrimination in the family law arena. Before nationwide marriage equality, trans people faced a patchwork of conflicting state laws and judicial opinions regarding the validity of their marriages. Since the Supreme Court struck down gender-based restrictions on marriage in 2015, trans people who marry or wish to marry now have the same legal protections as others. In the contexts of divorce and child custody, however, trans people continue to face unique legal challenges and disadvantages due to the persistence of misinformation and bias.

Validity of Marriages Before Nationwide Marriage Equality

In 2015, the Supreme Court in Obergefell v. Hodges struck down state laws that barred same-sex couples from marriage. As a result ...

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