In the first of a pair of same-sex marriage rights cases decided today, the Supreme Court of the United States declared portions of DOMA (the so-called "Defense of Marriage Act") unconstitutional.  Although there were some concerns about jurisdiction in this case due to the executive branches failure to defend DOMA vigorously the court determined there was jurisdiction and that DOMA is unconstitutional under the equal liberty of persons protected by the Fifth Amendment. Known as the DOMA case, everything you need to know about United States v. Windsor  is summarized below: Prior to reaching SCOTUS here is what happened: Edith Windsor and Thea Spyer, two women, met in New York City in 1963 and began a long-term relationship. Windsor and Spyer registered as domestic partners when New York City gave that right to same-sex couples in 1993. In 2007, Edith Windsor and Thea Spyer, then residents of New York, were married in Ontorio Canada. Under the laws of the State o...

Often poorly written legislation has unintended consequences.  DOMA (the so-called Defense of Marriage Act) allows states to ignore marriages from other states or countries, when those marriages are between two people of the same gender.  We've previously written about the problems that this can cause in same-sex divorces : Same-Sex Marriage is Getting Easier, But Same-Sex Divorce is still Tricky .  But the problems don't just end there. Since some states won't allow you get divorced from a same-sex marriage, residents of those states have been told that they are essentially not married.  Does this mean that they can re-marry in that state?  The answer is yes, but not without potential consequences. To illustrate the risks, consider the following hypothetical scenario: Jane Smith and Janet Doe have been living together for years in Texas.  They have friends in Massachusetts and when they heard about the ballot initiative in Maine to legali...

The Defense of Marriage Act (DOMA) has been held unconstitutional by both the 1st and 2nd U.S. Circuit Courts of Appeals.  While we wait to see whether the Supreme Court will review these cases, you may have heard that there is an election coming up.  Whether or not the Supreme Court overturns DOMA, congress has the authority to repeal the Act if they so chose.  Since the major party presidential debates ignored this issue, you may not be fully aware of the party platforms on this issue. Each of the following parties has a presidential candidate running for president in 2012, and below we have excerpted their platforms' references to DOMA, same-sex marriage, and discrimination based on sexual orientation (click the links to read the entire platform): 2012 Republican Party Platform excerpts : "Defending Marriage Against An Activist Judiciary A serious threat to our country’s constitutional order, perhaps even more dangerous than presidential malfeasance, is an a...

As described in a recent article on CNN Living ( Serious legal hurdles for gay divorce ), just because gay and lesbians can get married doesn't mean they can get divorced. Gay and Lesbian couples who marry in one of the few states that allow gay marriage may not be able to get divorced if they move to another state. Currently only Massachusetts, Iowa, Connecticut, New Hampshire, Vermont, and the District of Columbia issue marriage licenses to same-sex couples. As the CNN article describes, the Texas Attorney General is appealing a ruling by a Texas Judge allowing a lesbian couple (who had been married in Massachusetts) to get a divorce in Texas. An attorney who represents a gay couple awaiting the Texas decision noted "Ironically, if the attorney general [of Texas] is so against gay marriage, why is he trying to hard to keep these two men together?" Regardless of the ruling in that case, getting divorced in other states isn't the only hurtle facing gay and lesbian ...

According to a Boston Globe article , Massachusetts Attorney General Martha Coakley filed a request with the U.S. District Court last Thursday, February 19, 2010, to rule on the constitutionality of the Federal Defense of Marriage Act (DOMA). The reasoning behind the A.G.'s request is that DOMA forces Massachusetts to discriminate against same-sex spouses in order to maintain certain federal funding for programs like Medicaid and Veteran's burials. These are only two examples of how DOMA affects same-sex spouses. Despite Massachusetts law granting same-sex couples the right to marry, there are Federal benefits that traditional spouses enjoy which same-sex couples do not because of DOMA. Many of these differences are related to tax benefits for spouses. For example, spouses can transfer property between each other without certain tax consequences where non-spouses cannot. This can be a particularly difficult issue in same-sex divorces as it relates to retirement accounts. ...