LGBTQ+ people are directly harmed by the Supreme Court’s decision reversing Casey and Roe and eliminating the fundamental right to abortion. LGBTQ+ people assigned female at birth require abortion care for the same broad range of reasons that cisgender women do and, in some instances, are more likely to require such care.  (These issues were presented to the Supreme Court in an amicus brief submitted by numerous LGBTQ organizations.)What’s more, the Court’s willingness, for the first time in its history, to eliminate a fundamental freedom that it had previously recognized is alarming, and the language signals looming threats to other freedoms that are fundamental to our families—and, frankly, to everyone.

The Supreme Court ruling in Dobbs has devastating consequences for LGBTQ+ people, not only when seeking an abortion but for the children they already have, their health, and their ability to support themselves and their families. And, as the dissenting justices in Dobbs recognized, those consequences will fall the most heavily on those with the fewest resources, which disproportionately includes families of color.

It’s important to know that in most states, abortion remains legal. People who need care should go to abortionfinder.org. If you need to access abortion in a state other than the one in which you live, Brigid Alliance is an LGBTQ+ friendly resource. There are also dozens of abortion doulas across the US who are queer and trans, and ready to support you and your family. A great place to start for more information is the Queer Doula Network.

In addition, it is important to remember that emergency contraception, including levonorgestrel morning after pills like Plan B are still available and can be purchased in pharmacies or online without a prescription. While levonorgestrel does not have an impact on an existing pregnancy, it is a safe and effective way to prevent an unwanted pregnancy from occurring.

Marriage equality is the law of the land and must be respected in all 50 states and by the federal government. In Obergefell v. Hodges, the U.S. Supreme Court held that states must permit same-sex couples to marry, must treat their marriages equally, and must recognize their marriages from other states. This remains binding law in every state.

The Justices had different opinions about the impact of Dobbs on Obergefell v. Hodges (marriage equality) and Lawrence v. Texas (sexual intimacy) and Justice Thomas suggested that Obergefell and Lawrence, among many other cases should be revisited. We know that is scary but nothing has changed. While alarming, the Dobbs opinion does not mean that Obergefell or Lawrence will be overturned.

What the language in Dobbs does mean is that in the coming months and years, we are likely to see attacks on marriage and our relationships—just like we are already seeing other attacks on LGBTQ+ people, families, and children in the states.

As a reminder, despite the mention of Obergefell in the Dobbs decision, marriage equality remains the law of the land. You are still able to get married, and your existing marriage is valid and must be respected everywhere.

But if you encounter people or institutions questioning your marriage, we strongly urge you to contact us.

Fertility care such as in vitro fertilization (IVF) is an important path to parenthood for so many people, LGBTQ+ and non-LGBTQ+ alike. Since IVF involves creating embryos and can result in additional embryos, some have expressed worry about the implications of Dobbs on this important reproductive health care.

The Dobbs opinion did not speak to this issue directly. However, without the protections of Roe v. Wade, it is possible that state lawmakers may feel empowered to create barriers for people to access reproductive medical procedures like IVF, or that some will say that existing abortion bans also affect or restrict assisted reproduction. This is deeply troubling for LGBTQ+ people and anyone who needs access to IVF to build their family. Whether your state laws on abortion will restrict IVF remains to be seen, and you should consult with a lawyer with expertise in assisted reproduction in your state before beginning your family-building efforts to understand the legal landscape.

It should be noted, of course, that access to IVF is already a challenging path to parenthood. A limited number of states mandate insurance coverage for IVF, and it is financially inaccessible for so many. Work is ongoing to protect and expand access to fertility care such as IVF.

There are solidly accepted steps for all people to  protect their families even apart from marriage. Marriage normally provides automatic protections in many ways, but there may be times when these other protections can cut through the controversy and get you access to your spouse and allow you to care for them if the need arises. These documents are called estate planning documents, and it is best practice for every couple to have them—LGBTQ+ and non-LGBTQ+. Those documents include:

• Power of Attorney – a legal document that empowers your spouse (or another person) to make financial decisions in case you are unable to do so.
• Health Care Proxy (or similar document) – a legal document that empowers your spouse (or another person) to make health care decisions in case you are unable to do so. This document may also allow you to authorize your spouse to access your medical information and to visit you in the hospital.
• Will – a legal document where you describe what you would like to have happen to your children and property in the event of your death.

Unmarried partners can also use these documents to protect their relationships. These are also important for unmarried partners since they do not have the benefit of default marriage protections.

There are state-specific rules about estate planning documents and how they are to be drafted and executed, and legal support is recommended especially for wills. We can help you with referrals to lawyers to assist