In my previous blog post, I discussed the same-sex marriage federal benefits conundrum as receipt of federal benefits fall under two different standards: "place of residence" and "place of celebration." As further illustration, let us examine "place of residence" and "place of celebration" as it applies to the US military.
In Unites States v. Windsor, the US Supreme Court repealed Section 3, of the Defense of Marriage Act (DOMA). This historic decision results in federal recognition of same-sex civil unions and the attendant federal benefits that flow from that valid union. But the federal recognition and benefits are limited to those few states where same-sex couples can marry.
Under the Defense of Marriage Act (DOMA), gay couples who were legally married in their states were not considered married in the eyes of the federal government and were ineligible for federal benefits that come with marriage. The repeal of DOMA, Section 3, means that our federal government now recognizes those same-sex unions. As this is a family law/divorce blog, a few of those benefits that pertain to those areas will be addressed here.
The title may be catchy, but the short answer is yes and no. Yes. The Supreme Court's ruling allows state same-sex marriages federal government benefits previously denied to these unions. This affects federal benefits for tax, retirement, estate, immigration and federal employee benefits-including the military. No. Those states that refuse to acknowledge gay nuptials may continue to do so. This is a multi-part blog. The first part provides background information about how this came before the Supreme Court, and subsequent part(s) explain the impact of this historic ruling