It also forces same-sex couples to live as married for the purpose of state law but unmarried for the purpose of federal law, thus diminishing the stability and predictability of basic personal relations the State has found it proper to acknowledge and protect. It was its essence. In states where same-sex marriage had been passed into law, gay couples were forced by DOMA to live in legal limbo—for matters of the state they were considered married, but for federal programs they were not.
The elimination of DOMA by the Supreme Court today will affect the lives of legally married gay couples across the United States in a number of important ways:. United States vs. With the repeal of DOMA, gay marriages will now be treated in exactly the same was as heterosexual ones when it comes to taxes, including both income and estate taxes. The definition of marriage imposed by DOMA also made retirement and Medicare more difficult for gay couples.
Place of Celebration legally married same-sex couples who reside in Texas can now access these federal benefits : immigration; military spousal benefits; bankruptcy; if you are a federal employee, spousal benefits such as health insurance and FMLA; some Medicare benefits ; and federal taxes.
In many cases, whether place of marriage or place of domicile applies remains to be determined. Thus, much of the impact of the decision on those of us who reside in states like Texas must still be sorted out. These decisions reside largely with the Obama administration and with Congress. For now, we will have to stay tuned to find out how the administration will continue carry out the ruling and, specifically, whether it will take steps to ensure that those of us who reside in states that do not respect our relationships will receive the broadest benefit possible from the decision.
On a final note, remember that regardless of whether you are married or where you live, there are practical measures you can take to access some of the legal protections automatically provided to married couples.
By creating a comprehensive estate plan — will, powers of attorney, etc. Questions about estate planning, DOMA, or anything related? Place of Domicile v. Federal Rights and Benefits That said, there are now a few very significant federal benefits available to legally married same-sex couples who live in Texas, including immigration benefits.
But, remember… On a final note, remember that regardless of whether you are married or where you live, there are practical measures you can take to access some of the legal protections automatically provided to married couples. This field is for validation purposes and should be left unchanged.
Disclaimer: This Web site is for general informational purposes only. It is not intended to be and is not considered to be legal advice. You should consult with a licensed attorney before relying on any information contained in this Web site.
We are waiting to learn whether the U. Supreme Court will hear our case representing Karen Golinski , who is fighting for family health insurance that equally covers her spouse. If the Supreme Court takes our case or one of three others , we will work together to strike this discriminatory law from the books once and for all.
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