The Defense of Marriage Act (DOMA) is a United States federal statute enacted in 1996 which defines marriage as a union exclusively between a man and woman for the purposes of federal programs and benefits. In... more +
The Defense of Marriage Act (DOMA) is a United States federal statute enacted in 1996 which defines marriage as a union exclusively between a man and woman for the purposes of federal programs and benefits. In addition, DOMA provides that individual states are not required to recognize marriages between gays and lesbians who are legally married in other states.
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On May 14, 2013 Minnesota became the 12th state to legalize same-sex marriage. +2013 Bill Text MN H.B. 1054....more
On Tuesday, May 14, 2013, Governor Dayton signed into law a bill legalizing same-sex marriage in Minnesota (H.F. 1054 and S.F. 925), effective August 1, 2013....more
The U.S. Supreme Court is expected to rule on a challenge to the federal Defense of Marriage Act (“DOMA”) before its summer recess, and legal experts are already in disarray over what the ruling could mean for same-sex...more
The DOMA Project, a non-profit group fighting to stop deportations and separations of same-sex bi-national couples who are immigration casualties of the Defense of Marriage Act (“DOMA”), has created a video about “green card...more
Proskauer’s Employee Benefits Practice Center’s DOMA Task Force, which is comprised of lawyers from our offices nationwide, regularly advises employers and other plan sponsors on the myriad benefits issues that arise in the...more
On March 26 and 27, 2013, the Supreme Court of the United States heard oral arguments in cases challenging the constitutionality of the federal Defense of Marriage Act (DOMA) and California’s Proposition 8. A Supreme Court...more
The Federal Election Commission (FEC) this week became the latest government agency to grapple with the impact of the Defense of Marriage Act (DOMA) on the federal rights of legally married same-sex couples. At issue was...more
Two recent cases challenging benefit eligibility for same-sex spouses highlight the need for employer-sponsored retirement and welfare plans to clearly define "spouse" for eligibility purposes. Employers may want to review...more
On Friday, April 19, 2013, U.S. District Court Judge Consuelo Marshall in Los Angeles, CA, ruled that the U.S. Citizenship and Immigration Services (the “USCIS”) denied Jane Deleon equal protection of the law when it refused...more
Employers that paid federal income tax (FIT) and Social Security and Medicare (FICA) taxes on the value of health care benefits provided to employees' same-sex partners for tax years 2009 and after should consider whether...more
When the Supreme Court ultimately decides United States v. Windsor, it could strike down the portion of the Defense of Marriage Act (DOMA) that prohibits married same-sex couples from receiving the federal benefits provided...more
Last week, the U.S. Supreme Court heard oral arguments in United States v. Windsor, 12-307, a case that raises the question of whether the Defense of Marriage Act (DOMA) is constitutional. Among the various groups that are...more
Hi there, This week had two days of arguments on gay marriage at the Supreme Court. The first case dealt with a challenge to the California law known as Prop. 8, which overturned the California Supreme Court’s...more
Earlier this week, the Supreme Court heard oral arguments on two same-sex marriage cases. The issue at hand is likely the biggest one to go before the Supreme Court this year and a landmark case in our nation’s history....more
News articles, social media, protests, and lunchroom conversation were all dedicated to the two cases before the U.S. Supreme Court this week. Hollingsworth v. Perry and Windsor v. United States could potentially transform...more
Mar. 28 (Bloomberg Law) -- Bloomberg Law's Lee Pacchia runs through the legal news for the week. The US Supreme Court hears oral arguments on two landmark civil rights cases focusing on gay marriage. Also, Italy's Supreme...more
The Defense of Marriage Act (“DOMA”) is agay marriage federal law which bars interstate recognition of marriage between same sex couples. This means that while a marriage between members of the same sex in one state may be...more
Most everyone is aware that the United States Supreme Court heard two historic cases this week focused on same-sex marriage. One involves California’s Proposition 8 banning same-sex marriages (which was then rendered...more
The U.S. Supreme Court heard two hours of arguments today over the Defense of Marriage Act, which bans federal recognition of same-sex marriage....more
Originally published in The Huffington Post on March 25, 2013. We are on the threshold of a historic decision on individual rights by the Supreme Court of the United States as it considers two cases involving same-sex...more
The U.S. Supreme Court will hear arguments next week in two cases that have the potential to change the face of LGBT rights and bring marriage equality to all Americans....more
Mar. 22 (Bloomberg Law) -- Tom Goldstein, partner at Goldstein & Russell, PC and founder of SCOTUSblog, talks with Bloomberg Law's Lee Pacchia about the two gay marriage cases being argued before the Supreme Court next week....more
Tax issues are among the many legal challenges same-sex and non-traditional couples face. Currently the Defense of Marriage Act of 1996 (DOMA) requires that under federal law marriage is between a man and a woman. Our federal...more
In 1975, Paul Simon crooned, “[t]here must be fifty ways to leave your lover.” But in 2013, some married same-sex couples are having trouble finding any way to leave their partners. A recent New York Magazine cover story...more
In our 2012 End of Year Plan Sponsor “To Do” Lists, we indicated that there was a strong possibility that the Supreme Court would grant certiorari this term in a series of cases challenging Section 3 of the Defense of...more
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