Issues Affecting Same-Sex Couples FAQ

Questions:

• What is the status of same-sex marriage among the various states?
• Does the federal government recognize same-sex marriage?
• Should same-sex couples get married?
• Will the U.S. government or another state recognize my same-sex marriage?
• Do same-sex couples face special concerns when it comes to taxes?
• What are domestic partnership benefits?
• Can lesbian and gay couples adopt children?
• How does a married or registered same-sex couple end their marriage or domestic partnership?

Answer:

Does the federal government recognize same-sex marriage?

No. Under the Federal Defense of Marriage Act (DOMA), the federal government respects only those marriages between a man and a woman. So even if a same-sex couple's marriage is recognized by their home state, the marriage still won't be recognized under federal law. This means that same-sex married couples cannot take advantage of the 1,138 federal laws that confer rights, benefits, and protections to married heterosexual couples -- such as Social Security spousal survivor and retirement benefits, the ability to file joint tax returns, and qualification for special estate planning benefits. To learn more, see Nolo's article Federal Marriage Benefits Denied to Same-Sex Couples.