On June 26, 2013,
the United States Supreme Court issued rulings on the two cases involving same
sex marriages. In a 5-4 decision on the
case of United States v. Windsor,133 S.Ct. 2675 (2013), the Court overturned a law that denied federal benefits
to couples in same sex marriages. This
means that couples in same sex marriages will be afforded the same rights to
these benefits as couples in heterosexual marriages. It is important to note that this case deals
with extending federal benefits to couples in states where same sex marriages
are allowed and does not extend the right to marry to states where it is not
currently allowed. In issuing this
decision, Justice Kennedy, writing for the majority found that the Defense ofMarriage Act (“DOMA”; 1 U.S.C.A. § 7) is invalid because it denies same sex
couples the rights that the states intended them to have by allowing them to
marry and violates the due process and equal protection clauses of the Constitution. The decision in this case will have an impact
on same sex divorce cases throughout the country, including here in
Connecticut.DOMA instructs all federal officials,
and indeed all persons with whom same-sex couples interact, including their own
children, that their marriage is less worthy than the marriages of others.
The Supreme Court also decided to act on the case of Hollingsworth v. Perry, 133 S.Ct.2652 (2013), claiming that the supporters who argued for the ban on same sex
marriages imposed by California’s Proposition 8 had no legal standing to bring
the case. In refusing to decide this
case, the California trial court’s decision striking down Proposition 8 still
stands.
Contact Attorney Magnano by calling 860-904-2034 ext. 3
