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30 Tul. J.L. & Sexuality 153 (2021)
Separation Equality: Retroactive Community Property Regimes for Long-Term Same-Sex Couples

handle is hein.journals/lsex30 and id is 161 raw text is: COMMENT Separation Equality: Retroactive Community Property Regimes for Long-Term Same-Sex Couples Andrew M. Albritton* I. INTRODUCTION ................................................................................. 153 II. LEGAL BACKGROUND ...................................................................... 155 A. Overview of Community Property ....................................155 B. Retroactivity of Fundamental Rights................................159 C. Marriage-Like Regimes Prior to Marriage Equality .......162 III. COMPARABLE CASE LAW ................................................................ 167 A. Hard v. Attorney General of Alabama .............................167 B. In re Estate of Carter.........................................................168 C. Schuett v. FedEx Corporation ..........................................171 IV. HYPOTHETICAL APPLICATION.......................................................... 173 V . C ON CLU SION ....................................................................................176 I. INTRODUCTION The U.S. Supreme Court's holding in Obergefell v. Hodges, which established a fundamental marriage right for all couples regardless of sexual orientation or gender, has had profound effects throughout society during the five years since its decision.' By enabling LGBTQ+ couples to legally marry in all fifty states, the Court's decision affected much of the law applying to existing marriage laws.2 The implications created by a * © 2021 Andrew M. Albritton. J.D. 2021, Tulane University Law School; B.S.B.A. 2017, University of Louisiana at Lafayette. The author would like to thank Dean Sally Richardson for her advisement in the development of this topic, his fellow members of the Tulane Journal of Law & Sexuality, and his friends and family for their unwavering support throughout his legal studies. 1. 576 U.S. 644 (2015); see Andrew R. Flores et al., The Impact ofObergefell v. Hodges: On the Well-Being ofLGBTAdults, WILLIAMS INST. 1 (2020) (describing the increased happiness and life satisfaction in the LGBTQ+ population following their recognized right to marry in 2015). 2. Mahin Aminian et al., Legal Recognition of Same-Sex Relationships, GEO. J. GENDER & L. 711, 730 (2017) (explaining that over twenty states had a constitutional or statutory ban on same-sex marriage before Obergefell). 153

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