LGBT Family Lawyers and Premarital Counseling: The Role of Lawyers in Marital Education

• In Event: 381 - Section on the Sociology of the Family Refereed Roundtable Session and Business Meeting
  In Refereed Roundtable 60min: Table 03. Family Relationships

Abstract

Although attorneys have always played an important role when it comes to divorce, they have had less influence with respect to the marital decision itself. Different-sex couples might seek marital advice from religious professionals, counselors, or psychologists, but those without extensive assets are unlikely to consult a lawyer when entering into marriage. Based upon interviews with 21 LGBT family lawyers, I ask: What is the role of family lawyers in providing marital education for same-sex couples? Specifically, I examine the way in which lawyers describe the demand for “premarital counseling” from same-sex couples, as well as the explanations they proffer for LGBTQ individuals needing legal advice regarding marriage. The implications of the findings are two-fold. First, the propensity to seek legal advice prior to entering into marriage suggests that LGBTQ individuals have a different cultural understanding of what marriage means; in particular, they might perceive marriage as more imbued with legality than do heterosexual individuals. Second, these results build upon prior work on attorney-client interactions to highlight the way in which lawyers can play a direct role in shaping the understanding of marriage for LGBTQ clients.

Author

• Amanda Kathleen Baumle, University of Houston