The 2015 Supreme Court ruling in Obergefell v. Hodges legalized same-sex marriage nationwide, extending critical rights like adoption, healthcare decision-making, and inheritance to same-sex couples. For family law paralegals, this meant streamlined case processes, increased adoption filings, and the need for continuing education to understand evolving precedents and documentation requirements.
“The law is always changing,” according to Gabrielle Crisp, a paralegal who has worked in the field for three years. Over those three years, Gabrielle has seen federal rulings affect even the small Springfield, Missouri, family court where the cases she works on are heard: “The Supreme Court has passed a few things that have affected family court—same-sex marriage, specifically.”
Until June 2015, same-sex marriage was only recognized in select US states. For many couples who traveled to progressive states to perform their nuptials, this meant going back home to a place that wouldn’t accept their legal union. On June 26, 2015, the Supreme Court ruled that same-sex marriage was a legal right throughout the United States, overruling laws in states that were still holding out.
This ruling affected family law practice significantly, and cases eventually began finding their way into law firms operating in states that had always had a ban in place. For family law paralegals, understanding these changes became essential to serving clients effectively.
The 2015 Supreme Court Ruling: What Changed
The Supreme Court’s decision in Obergefell v. Hodges on June 26, 2015, fundamentally transformed family law across the United States. Before this ruling, same-sex marriage was legal in only 37 states and the District of Columbia. The remaining 13 states maintained bans, creating a patchwork of recognition that complicated everything from taxes to hospital visitation rights.
The decision meant that same-sex couples could now marry anywhere in the country and have their union legally recognized in every state. This wasn’t just symbolic. It opened the door to all the legal rights and protections that accompany marriage, many of which fall under the domain of family law.
In Missouri, for example, where Gabrielle Crisp practiced at the time, same-sex marriage had been banned until the Supreme Court ruling. With that change, same-sex couples in the state could now not only marry and have their union legally recognized, but they would also gain access to all the many rights that accompany marriage. Family law firms became the defenders of those rights.
Rights Extended to Same-Sex Married Couples
The legalization of same-sex marriage extended numerous critical rights to couples who had previously been denied them. These rights created new opportunities for family law practices and expanded the scope of paralegal work in this specialty area.
We had the opportunity to speak with Dana Medley-Vogel, a legal assistant who began her legal career ten years ago in a firm that dealt with family law. In her role as a paralegal with a family law firm, Dana says that she did a lot of work “that involved adoption, guardianship, and the division of family services. It was very heavy work, very hard work, but also very rewarding work,” she said.
The adoption and guardianship cases that Dana worked on are now subject to the inclusions that arose from the Supreme Court’s ruling. The rights extended by the decision include:
- Joint adoption rights – Same-sex married couples gained the ability to adopt children together in all states, eliminating the need for second-parent adoption workarounds
- Spousal insurance benefits – Partners could be added to employer-sponsored health insurance plans with the same tax benefits as opposite-sex couples
- Healthcare decision-making – Spouses gained automatic authority to make medical decisions and visit partners in family-only hospital situations
- Inheritance rights – Married couples received automatic inheritance rights and estate planning benefits previously denied to same-sex partners
- Tax benefits – Joint filing status and associated tax advantages became available to all married couples
- Immigration sponsorship – US citizens gained the right to sponsor their same-sex spouses for green cards and citizenship
It isn’t always the case that when a new Supreme Court ruling is handed down, things become less complicated. But in this case, the legalization of same-sex marriage actually meant much less red tape and legal confusion when a same-sex married couple made the decision to adopt. The relief that this brought was felt most in states like Michigan, where same-sex marriages were not only not legally recognized, but where joint adoption was not available as a workaround for couples looking to adopt.
Impact on Family Law Practice
From the viewpoint of a paralegal, Gabrielle explained, “The changes aren’t huge. It happens in such an incremental way that it doesn’t feel like a sudden change.” The fundamental work of family law paralegals remained consistent, but the volume and scope of cases expanded significantly.
“The issues of society are what change,” Dana said. “The things that you see and deal with—what becomes more common, the social issues that are making headlines, whether it’s local courts or in Washington, DC, those things certainly are changing the cases that come through.”
The impact on family law practice was felt most strongly in states that had previously banned same-sex marriage. These jurisdictions experienced immediate increases in:
- Marriage documentation – Processing marriage certificates and updating legal documents for couples who had been waiting years
- Adoption filings – Joint adoption petitions from couples who could now legally adopt together
- Name changes – Legal name changes following marriage
- Estate planning – Wills, trusts, and power of attorney documents reflecting legal spousal relationships
“When I made the switch to a large firm, working with two different attorneys, we do employment law, civil law, and personal injury law, so I kind of switched focus entirely. However, some things about the law don’t change,” Dana said. The core paralegal skills—document preparation, client communication, legal research—remained essential regardless of the client’s gender or relationship.
The good news is that as decisions like this are handed down to ensure everyone enjoys equal protection and rights under the law, the work that paralegals perform doesn’t necessarily change that much. For the most part, family law paralegals continue to do what they’ve always done. They simply work with same-sex couples more often now as they deal with all the same issues straight couples have always dealt with, as it relates to things like adoption, healthcare decisions, and other benefits that legally accompany marriage.
What Family Law Paralegals Need to Know
While the fundamental paralegal role hasn’t changed, staying current with evolving family law precedents is critical. The 2015 ruling was just the beginning of an ongoing evolution in family law practice that continues today. Understanding these evolving areas is essential for anyone pursuing family law paralegal careers.
Family law paralegals working with same-sex couples need to understand several key areas:
- Documentation requirements – Some same-sex couples may have additional documentation needs, particularly if they married before 2015 or in another state
- State-specific variations – While marriage is now federally recognized, some states have different procedures for adoption, surrogacy, and parental rights
- Interstate recognition issues – Understanding how courts handle cases involving couples who moved between states
- Technology and case management – Modern family law practices increasingly rely on digital filing systems and case management software
- Sensitive communication – Working with diverse families requires cultural competency and respectful communication
“Whether you consider them moral or not, those topics that are facing society are working their way into the workplace. A lot of things that employers are now faced with are kind of cutting-edge,” as Dana explains. This means family law paralegals must stay informed about current events and social changes that affect their cases.
It’s important to note that the legal landscape has continued to evolve since 2015. Family law paralegals should be aware of:
- Recent court decisions – Ongoing cases that refine and clarify rights for same-sex couples
- Legislative changes – State and federal laws that impact family law practice
- Emerging practice areas – New specializations like surrogacy law and assisted reproduction
The 2015 ruling was groundbreaking, but family law continues to develop. Paralegals who understand both historical context and current trends are best positioned to serve their clients effectively.
Continuing Education for Family Law Paralegals
Staying current and keeping up with changing laws is of utmost importance for any paralegal in family law. Gabrielle is a huge advocate of continued education for paralegals, whether it’s through more formal continuing education classes that can eventually lead to specialty certification in specific areas of family law (like adoption and assisted reproduction or dissolution case management), or through things like conferences and workshops.
“Each state has its own family law association,” she said. “Every year they have a family law conference, and I’ve been going to that for the past three years. I even went when I was on maternity leave. I still went because it’s just so helpful. It’s not really for paralegals per se, but it’s still helpful.”
Gabrielle has also taken education classes from NALS: The Association for Legal Professionals and has received two certifications through NALA certification programs. “Spending the time studying and listening to speakers for that has been crazy helpful, insightful, and eye-opening to other perspectives. You know, being in a single-person firm, I don’t have other people to bounce things off of, I don’t have other perspectives, so the classes have been hugely helpful.”
Continuing education options for family law paralegals include:
- NFPA Family Law Certification – The National Federation of Paralegal Associations offers specialized certification in family law
- NALA Specialty Certifications – The National Association of Legal Assistants provides various specialty credential programs
- State bar associations – Many state bars offer continuing legal education (CLE) courses open to paralegals
- Family law associations – State and local family law sections host conferences and workshops
- Online learning platforms – Webinars and online courses make continuing education more accessible
- Professional paralegal organizations – Groups like NALS and local paralegal associations offer regular training
Participating in continuing education allows paralegals to gain a deeper understanding of laws like the same-sex marriage ruling and their relevant impact, since paralegals are charged with contract work, pleadings, and an understanding of the issues behind the cases. Understanding the “why” behind the work is critical.
As Gabrielle puts it, “There’s always something new to learn. There’s an infinite amount of learning to do because you can always go a little bit deeper, get a little better, get a little more understanding about what you’re doing, and learn how to make it better. That’s one of the things I love the most about what I do. It’s never dull.”
Frequently Asked Questions
How did the legalization of same-sex marriage affect family law paralegals?
The legalization of same-sex marriage expanded the scope of family law practice without fundamentally changing paralegal duties. Paralegals saw increased case volume in areas like joint adoption, estate planning, and marriage documentation. The work itself remained similar—preparing pleadings, organizing documents, communicating with clients—but now served a broader range of families. Paralegals working in states that previously banned same-sex marriage experienced the most significant changes as they processed a backlog of couples seeking to formalize their relationships and parental rights.
What continuing education is available for family law paralegals?
Family law paralegals can pursue several continuing education options. The National Federation of Paralegal Associations (NFPA) offers specialized Family Law certification. NALS: The Association for Legal Professionals provides various specialty credentials. State family law associations host annual conferences with relevant workshops and seminars. Many state bar associations offer CLE courses that paralegals can attend. Online platforms now provide webinars and courses that make continuing education more accessible for working professionals.
Do family law paralegals need special certification to work with same-sex couples?
No special certification is required to work with same-sex couples. The legal processes are identical to those for opposite-sex couples. However, obtaining a family law specialty certification (such as through NFPA or NALA) can enhance your expertise in areas like adoption, estate planning, and dissolution—all of which are common in family law practice. Continuing education helps paralegals stay current with evolving precedents and understand any state-specific variations in procedures.
How has family law practice evolved since 2015?
Since 2015, family law practice has continued to evolve in several ways. Joint adoption cases have become streamlined as same-sex couples no longer need complex legal workarounds. Estate planning for same-sex couples now follows the same procedures as for opposite-sex couples. Divorce and custody proceedings involving same-sex couples have developed their own body of case law. Technology has also transformed the field, with digital filing systems, remote court appearances, and case management software becoming standard. Family law continues to adapt to social changes and emerging issues.
What skills do family law paralegals need today?
Modern family law paralegals need strong legal research and writing skills, proficiency with case management software and e-filing systems, attention to detail for document preparation, and excellent communication skills for working with clients during difficult times. Cultural competency and sensitivity are essential when working with diverse families. Organization and time management help paralegals handle multiple cases simultaneously. Understanding of court procedures and deadlines is critical. Most importantly, paralegals must stay current with changing laws through continuing education.
Are there job opportunities in family law for paralegals?
Yes, family law remains one of the strongest practice areas for paralegal employment. According to the Bureau of Labor Statistics, paralegal employment is projected to grow steadily through 2032. Family law firms consistently need qualified paralegals to handle adoption cases, divorce proceedings, custody disputes, and estate planning. The expansion of rights to same-sex couples has increased the overall volume of family law cases. Paralegals with family law experience and specialty certifications are particularly well-positioned for career advancement and competitive salaries.
What recent legal developments affect family law paralegals?
Family law continues to evolve with new court decisions and legislative changes. Recent developments include increased attention to surrogacy and assisted reproduction agreements, changes in interstate custody procedures following the pandemic, growth in collaborative divorce practices, and expanded use of technology in family court proceedings. Some states have enacted additional protections for parental rights, while others have clarified adoption procedures. Family law paralegals should stay informed through continuing education, professional associations, and legal news sources to understand how these changes affect their practice.
Key Takeaways
- The 2015 Supreme Court decision in Obergefell v. Hodges legalized same-sex marriage nationwide, extending critical rights, including adoption, healthcare decision-making, and inheritanc,e to all married couples
- Family law paralegals saw expanded case volum,e but the fundamental nature of their work remained consistent—document preparation, client communication, and legal research skills remain essential
- States that previously banned same-sex marriage experienced the most significant practice changes, with increases in joint adoption filings, estate planning documents, and marriage-related legal work
- Continuing education through organizations like NFPA, NALA, and state family law associations helps paralegals stay current with evolving precedents and emerging practice areas
- Family law paralegals today need cultural competency, technology proficiency, and understanding of state-specific variations in procedures to serve diverse clients effectively
- Job opportunities in family law remain strong for paralegals, particularly those with specialty certifications and a commitment to ongoing professional development
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