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ARTICLE · 08 JULY 2013

DOMA Is Unconstitutional

Fox Rothschild LLP
Fox Rothschild LLP
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The United States Supreme Court recently issued their decision on gay marriage

United StatesFamily and Matrimonial

The United States Supreme Court issued their decision on gay marriage earlier today.  The Court ruled on California's Proposition 8 ban on gay marriage and the 1996 federal Defense of Marriage Act ("DOMA"), which denied federal benefits to lawfully married same-sex couples, finding that DOMA is unconstitutional and sending Proposition 8 back to California.

The ramifications of these decisions are immense.  By striking down Section 3 of DOMA, the Court has cleared the way for reconciling conflicting state laws on same-sex marriage with federal benefits and tax regulations.  In a 5-4 decision, Justice Anthony Kennedy wrote that DOMA violated gay couples right to liberty and equal protection, "[by] seeking to displace this protection and treating those persons as living in marriages less respected than others..."  From a fiscal perspective, this decision also paves the way for same-sex couples to file joint taxes and claim a spousal share of Social Security benefits, as

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