As the number of same-sex couples increases in the United States, concerns regarding the evolution of federal and state law, with respect to rights for same-sex couples, also continue to rise. As marriage is not always available to same-sex couples, they often face very different legal issues than couples in a traditional marriage. Because marriage is typically not a legal cause of action, the question of a marriage’s validity often arises incidentally to another legal question, such as the disposition of a decedent’s estate.
Megan Moser, Intestacy Concerns for Same-Sex Couples: How Variations in State Law and Policy Affect Testamentary Wishes, 38 SEATTLE U. L. REV. 1523 (2015).