Trump 2.0 Contingency Plans for Same-Sex Families During Project 2025

For most same-sex couples, the right to marry and have a family is not just a legal matter; it’s a fundamental recognition of love and equality. However, in the face of changing political landscapes and a shifting judicial system, this right feels more vulnerable than ever. As the LGBTQIA+ community braces for potential challenges, it’s natural to feel uncertain. If you’re worried about what’s next for your marriage and your family, the best way to protect yourself and your loved ones is by taking proactive steps to protect your rights.

Why Same-Sex Marriage is Vulnerable to Trump’s Presidency and Project 2025

To put it bluntly and to be very clear, our Fourteenth Amendment rights are under attack – including the right to marriage, and more specifically, the right to same-sex marriage established by Obergefell. In 1973, The Supreme Court ruled to make state abortion bans unconstitutional in Roe v. Wade. In 2022, under the Trump administration, the Supreme Court overturned Roe, and took away the fundamental right to an abortion protected by the Fourteenth Amendment. Following the 2022 ruling, Justice Clarence Thomas wrote in his concurring opinion, “We should reconsider all of this Court’s substantive due process precedents, including Griswold, Lawrence, and Obergefell.” Project 2025 specifically outlines a strategy to remove any federal protection for gender, gender identity and sexual orientation. This rhetoric puts marriage-equality as a target for Trump.   

There is limited federal protection already in place for the potential overturing of Obergefell – The Respect for Marriage Act (RFMA). In 2022, Congress passed the RFMA which requires the federal government to recognize same-sex marriages and States to recognize same-sex marriages performed in states where such marriages are legal. While the Respect for Marriage Act (RFMA) offers some federal protection, it doesn't fully safeguard against a Supreme Court decision overturning Obergefell. If that happens, same-sex marriages could once again be left in legal limbo, with states free to reject or revoke marriage licenses. For example, Ohio still has a constitutional ban on same-sex marriage in place, and if federal protections were stripped away, couples in such states could face a precarious situation. The RFMA may provide temporary relief, but its protections are not invulnerable to shifts in congressional power, especially with the rise of more conservative lawmakers and justices.

What Can Same-Sex Families Do to Protect Their Rights and Their Assets? 

The best way to protect your rights and assets from the expected changes in same-sex marriage laws is to make an estate plan that clearly makes decisions about your wishes and your ownership and distribution of your assets. Here’s how you can protect your rights and assets, regardless of what happens with the law:

1. Update Your Estate Planning Documents: Make sure your current family is listed in your will, specifically any spouses and children. Without a will the State’s definition of family will control. If marriage-equality is repealed this means your spouse and your children may not be meet Ohio’s current definition. 
2. Create or Update Your Trust: Place your assets in a living trust, which can help avoid probate and minimize the impact of potential legal challenges from family members. Trusts are private documents that, unless challenged, are not matter of public record. 
3. Designate Powers of Attorney: Assign healthcare and financial powers of attorney to each other. This ensures that your partner can make critical decisions on your behalf if one of you becomes incapacitated. Without a power of attorney, your next of kin (i.e. parents or siblings) may be consulted to make health care decisions. 
4. Use Transfer-on-Death Designations: Add transfer-on-death (TOD) designations to property titles, like homes and cars, to ensure your partner inherits them directly without legal complications.
5. Consider a Living Will: Make sure you and your partner have a living will, outlining medical decisions in the event of incapacity, to avoid disputes over end-of-life care.
6. Nominate A Guardian: If for any reason you are unable to care for yourself (i.e. dementia) you can appoint the person you want to be your personal and financial guardian. Naming your current spouse as a guardian would preserve your loving relationship. 
7. Adopt Your Children: If you did not give birth to your children, you may want to consult with an attorney about completing a second-parent adoption. This would preserve your right as the legal parent of the child.  Even if you are listed on the birth certificate, you may still want to consult with an attorney about second parent adoption. 

Family, for us, is defined by love, not gender. But love isn’t just about the legal right to marry—it’s about the right to be recognized, protected, and supported in all aspects of life. As the political landscape shifts, we must take proactive steps to safeguard our rights, our families, and our futures. No matter what happens in the next four years, our love deserves protection, and with careful planning, we can ensure it’s honored, whatever the legal landscape may bring.