The United
States Supreme Court heard arguments this week on two cases involving same sex marriages. These cases deal with the rights and benefits
of same sex couples to wed and receive benefits. It is anticipated that the Supreme Court will
make a ruling on the constitutionality of the Defense of Marriage Act (“DOMA”) which
legally defines a spouse as a person of the opposite sex. (1 U.S.C.A. § 7). Under DOMA, federal
protections and provisions such as Social Security, bankruptcy benefits, and
family medical leave protections do not apply to same sex couples. This is true even if the state in which the
couple resides allows for same sex marriage.
One of the cases being heard involves a lesbian woman challenging the
fact that she had to pay more in estate taxes when her spouse died because the
marriage was not recognized under DOMA even though their home state of New York
recognized the marriage. (See United States v. Edith SchlainWindsor, In Her Capacity as Executor of the Estate of Thea Clara Spyer, et al.SC Docket No. 12-307). The 2nd Circuit Court of Appeals determined
that DOMA is unconstitutional and violates the equal protection clause.
The second case before the Supreme Court deals
with California’s Proposition 8 which bans same sex marriage. (See Dennis Hollingsworth, et al., v. Kristin M. Perry, et al. SCDocket No. 12-144). The issue before the Court is whether the
Constitution's guarantee of equal protection prevents states from refusing
marriage to a defined class of people.
The ruling of the high Court on this issue could impact laws all across
the United States. In the United States,
nine states allow same sex marriage. See a breakdown of the numbers provided by CNN. Connecticut
is among the nine states that do allow same sex marriage.
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| Attorney Pamela Magnano practices divorce and family law at Flaherty Legal Group in West Hartford, CT with Attorney James Flaherty and Attorney Sandi Girolamo. |
