Federal Benefits for Same-Sex Married Couples Not Always Clear Cut

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While the Federal Government certainly understands the U.S. Supreme Court's decision that overturned the federal Defense of Marriage Act, many same-sexed married couples are still unable to receive federal benefits.

In just the past month, the Department of Labor announced that same-sex married spouses are now entitled to leave benefits under the Family and Medical Leave Act (FMLA). Also, the Internal Revenue Service announced that legally married same-sex couples will file taxes like any other spouses by selecting married filing jointly or married filing separately.

Changes in federal policy have also exceeded the bounds of the Court's decision in U.S. v. Windsor. For instance, the Department of Justice will no longer enforce statutory language that restricts veteran's benefits to spouses of opposite-sex marriages.

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Published In: Constitutional Law 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.

© Donald Scarinci, Scarinci Hollenbeck | Attorney Advertising

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