What Happens Now: The Aftermath of DOMA (Defense of Marriage Act)
by James F. McDonough, Jr. on August 1, 2013
The United States Supreme Court recently struck down the Defense of Marriage Act
(DOMA) as unconstitutional. Despite this ruling, there are a number of issues that will
result from this decision where the laws of the states will differ.
Consider a gay couple, A and B, with a valid marriage under the law of the state where
they reside (the “Home State”). Assume that this couple owns property in a state (“nonresident state”) that does not recognize gay marriage. What are the implications? I pose a number of questions that are sure to arise.
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