Following the decision rendered in Obergefell v. Hodges, there have been unabating talk as to how courts may rule on disputed matters involving same-sex marriages. One specific aspect this thesis intends to focus on is what to expect from custody rulings following dissolutions of same-sex marriages. The purpose of this thesis is to interpret just how courts may rule regarding child custody in same-sex divorces, based on the concept of stare decisis. Given the fresh face of marriage equality in America, there is a lack of research done in the area. This thesis will serve as a substructure and reference for other studies of its kind.

Through a focus on defining factors in same-sex relationships as well as factors often identified in heterosexual relationships, this thesis will be able to compare the two to determine what appropriate outcomes courts may result to in cases of child custody following same-sex dissolutions of marriage. This thesis will compile heterosexual cases involving more role-based relationships such as the caregiver and provider as well as collect cases that reflect the egalitarian lifestyle we know to be present in same-sex couples to get a general idea of how courts may rule when both parents are at an equal standing.

Thesis Completion




Thesis Chair/Advisor

Consalo, Marc


Bachelor of Science (B.S.)


College of Community Innovation and Education


Legal Studies

Degree Program

Legal Studies



Access Status

Open Access

Length of Campus-only Access

1 year

Release Date


Included in

Legal Studies Commons