Supreme Court Rules On Same Sex Marriage Cases

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.

Attorney Pamela Magnano

Attorney Pam Magnano practices divorce and family law at Flaherty Legal Group in West Hartford, CT.  She first wrote about this topic in a March 2013 post titled "Same Sex Marriage and The US Supreme Court". 

Contact Attorney Magnano by calling 860-904-2034 ext. 3

Same Sex Marriage and The US Supreme Court

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 2^nd 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.

Attorney Pamela Magnano practices divorce and family law at Flaherty Legal Group in West Hartford, CT with Attorney James Flaherty and Attorney Sandi Girolamo. 

Did you know? Same Sex Marriage

Same sex marriages are treated differently than heterosexual marriages.  The State of Connecticut recognizes these marriages and affords same sex spouses the same privileges as heterosexual spouses when it comes to medical benefits, retirement benefits and taxes.  However, the Federal Government does not apply the same standards as the State of Connecticut.  This difference means that additional paperwork may need to be prepared in order for you to have protections while married.  Also, in the event of divorce, there are many traps and consequences that can occur if you are not careful.
See more of Attorney Magnano's coverage on same sex marriage by clicking here.

Attorney Pamela Magnano practices family law with Attorneys James Flaherty and Sandi Girolamo at Flaherty Legal Group in West Hartford, Connecticut. The firm provides legal counsel for most family law matters.  If you have questions or are seeking legal counsel pertaining to same sex marriage, please contact us at (860)-904-2034.