What Federal benefits should be afforded to same-sex spouses as a result of the Supreme Court’s decision?

The Supreme Court’s rulings in United States v. Windsor and Hollingsworth v. Perry will have far-reaching legal implications for same-sex couples in the United States.

In delivering the opinion of the Court in Windsor, Justice Kennedy stated:

"DOMA undermines both the public and private significance of state-sanctioned same-sex marriages; for it tells those couples, and all the world, that their otherwise valid marriages are unworthy of federal recognition. This places same-sex couples in an unstable position of being in a second-tier marriage. The differentiation demeans the couple, whose moral and sexual choices the Constitution protects, … and whose relationship the State has sought to dignify. And it humiliates tens of thousands of children now being raised by same-sex couples. The law in question makes it even more difficult for the children to understand the integrity and closeness of their own family and its concord with other families in their community and in their daily lives.

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Topics:  COBRA, Discrimination, DOMA, Employee Benefits, Equal Protection, Estate Planning, Estate Tax, Gift Tax, Health Insurance, Hollingsworth v Perry, Income Taxes, Proposition 8, Retirement Plan, Same-Sex Marriage, SCOTUS, Sexual Orientation Discrimination, Standing, Tax Benefits, US v Windsor

Published In: Civil Rights Updates, Constitutional Law Updates, Labor & Employment Updates, Tax Updates, Wills, Trusts, & Estate Planning Updates

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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