Even though the Supreme Court legalized gay marriage in the case of Obergell v. Hodges, there is hostility to gay marriage at the state government level both in Florida and Texas. With the retirement of Justice Kennedy, there is a good possibility that the Supreme Court would not legalize gay marriage today. Even if the Supreme Court does not reverse its decision, they may chip away at it. An example is the case of Pidgeon v. Turner where the Texas Supreme Court held a trial court should decide if the Obergell v. Hodges precedent legalizing gay marriage also extended to spousal benefits. Immigration authorities having been imposing citizenship barriers to children born of couples outside of the United State.
Also, a gay spouse may even have to deal with a medical provider or a judge in a guardianship or probate proceeding who may have his own biases and use his discretionary powers against one of the spouses.
In this political climate it is important for gay couples to plan for all contingencies and to avoid the courts and legal system to the greatest extent possible.