Court Ruling on DOMA Could Affect Same-Sex Marriages in New York

ALBANY, NY, August 13, 2012 (Press-News.org) A recent court ruling regarding the federal Defense of Marriage Act (DOMA) could impact the rights of same-sex married couples in New York and other states.

A federal circuit court ruled on May 31, 2012, that DOMA, as the law is known, is unconstitutional. The issue is expected to be appealed to the United States Supreme Court, setting the stage for the nation's highest court to determine the constitutionality of the federal law.

DOMA defines marriage as a "legal union between one man and one woman." States remain free to allow same-sex marriage, but the federal government will not recognize these marriages. For example, same-sex couples who marry in New York are not entitled to file joint federal tax returns, even if they can file joint state tax returns, and they are not entitled to federal survivor benefits. In addition, states that do not allow same-sex marriage are not required to recognize the same-sex marriages performed in other states.

Constitutionality of Marriage Challenged

The First Circuit Court of Appeals, based in Boston, ruled that the 1996 law's definition of marriage as between one man and one woman violates the United States Constitution. According to the Wall Street Journal, the court's opinion noted that previous Supreme Court rulings have limited the government's ability to act against groups that are unpopular or historically disadvantaged. The three-judge panel, rejecting arguments that DOMA benefits and protects heterosexual marriages, found that DOMA has negative adverse consequences on gay and lesbian couples.

The court did not rule on the ability of states to refuse to recognize same sex marriages from other states. Its opinion, which was put on hold in anticipation of a Supreme Court ruling, would affect Maine, Massachusetts, New Hampshire, Rhode Island and Puerto Rico.

The opinion is the second this year to reject laws that limit the ability of same-sex couples to marry. In February, the Ninth Circuit Court of Appeals found California's Proposition 8 to be unconstitutional. Proposition 8 is a 2008 measure that amended California's constitution to void a state court decision to require recognition of same-sex marriage.

It's unclear whether the Supreme Court would hear one or both cases, and how broadly the court would rule, according to the Wall Street Journal, but a Supreme Court ruling has the potential to affect whether same-sex couples in New York are able to enjoy the same benefits as their heterosexual counterparts.

New York's Marriage Equality act places it among a handful of states that permit same-sex marriage. Dozens of other states have laws that prohibit same-sex marriage and deny recognition for same-sex couples married elsewhere.

Colwell, Colwell & Petroccione, LLP
New York Family Law Attorneys
20 Corporate Woods Boulevard
Albany, NY 12210
Phone: 518-462-4242
Toll Free: 866-377-0285
Fax: 518-462-4031
Web: www.colwell-law.com