Judge Rules Obergefell Applies Retroactively

A South Carolina judge recently ruled that a same-sex couple who split up after thirty years together had a common-law marriage. This potentially marks the first time that a judge determined Obergefell applies retroactively. The case originated when one of the partners asked for a division of property. The opposing party argued that she did not consider their relationship a marriage. Ultimately, the judge concluded that the common-law marriage started when one of the women divorced her husband in 1987. The couple owned a home together and shared joint bank accounts.

See Stephanie Francis Ward, Family Court Judge Rules Obergefell Applies Retroactively, and Women Had a Common-Law Marriage, ABA J., March 20, 2017.