(PRWEB) August 26, 2013
The Law Firm of Pozzuolo Rodden, P.C., Philadelphia Family Law Attorneys, announces the release of the article “How Does the Supreme Court’s Recent Decision in United States v. Windsor Affect Federal Benefits for Same Sex Couples?“ If you would like to read more, please read the full article and other corporate law or estate planning articles and newsletters at: http://www.pozzuolo.com
How Does the Supreme Court’s Recent Decision in United States v. Windsor Affect Federal Benefits for Same Sex Couples?
States, such as New Jersey, have had laws affording rights to same-sex couples, through either civil unions or marriage. However, federal law previously refused to recognize such relationships. In 1996, the United States Congress enacted the Defense of Marriage Act (“DOMA”), which in part defined “marriage” and “spouse” to exclude same-sex couples under federal law. There are over 1,000 federal laws, regulations and directives which address marital status. These federal laws and regulations provide for benefits and responsibilities for married couples relating to taxes, social security, housing, health care benefits, veterans rights and many other matters.
Recently, in United States v. Windsor, the Supreme Court of the United States examined the constitutionality of DOMA’s purposeful exclusion of same-sex couples from the definitions of “marriage” and “spouse.” The Court found that this exclusion caused residents in states allowing marriage of same-sex couples to have second-tier marriages and to receive lesser rights and benefits than opposite-sex married counterparts. The Court held that the purpose of DOMA was to discourage states from enacting same-sex marriage laws and to “restrict the freedom and choice of couples married under those laws if they are enacted.” The Court also recognized that the children of same-sex couples were harmed financially by DOMA’s limited definitions. Based on this reasoning, the Court found that DOMA was invalid and in violation of the Fifth Amendment to the United States Constitution because it does not serve a legitimate government purpose and the effect of the exclusionary definitions is to “disparage and injure” same-sex couples who have been granted marital rights by the State where they reside.....
Please read the full article " How Does the Supreme Court’s Recent Decision in United States v. Windsor Affect Federal Benefits for Same Sex Couples?" and other corporate law or estate planning articles and newsletters at http://www.pozzuolo.com
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