The Supreme Court’s DOMA Decision

More Legal Topics

Related Ads

The U.S. Supreme Court’s ruling that the federal government must recognize same-sex marriages that are legalized in individual states creates widespread change. United States v. Windsor, which ended a core component of the Defense of Marriage Act (DOMA), triggers new rights and responsibilities for legally married same-sex couples in all areas of the law.

DOMA and Family Law

Here you'll find out about new rights and benefits for same-sex families.

The IRS Will Recognize All Same-Sex Marriages
It's the place of celebration - not the place of residence - that counts. As long as you were legally married in a jurisdiction that recognizes same-sex marriage, you will qualify for federal tax benefits.
Same-Sex Married Couples Will Soon Receive Federal Benefits
Find out how the Supreme Court's decision striking down part of DOMA affects rights to federal benefits.
SCOTUS Has Spoken: DOMA's Definition of Marriage is Unconstitutional
Learn about the DOMA decision and questions it hasn’t yet answered.
Same-Sex Marriage is Now Legal in 13 States and D.C.
Find out where same-sex marriage is legal.
Same-Sex Common Law Marriage
Same-sex common law marriages, now valid in two states, allows spouses to collect Social Security benefits.

DOMA and Immigration MORE ARTICLES

What the end of a core component of DOMA means for the world of immigration law.

LGBT Rights and U.S. Immigration Law
Click on the link to find more articles about DOMA's effect on immigration.
Same-Sex Marriage Now a Basis for U.S. Lawful Permanent Residence (a Green Card)
The DOMA ruling clears the way for binational couples seeking U.S. immigration rights.
SCOTUS, POTUS, and DOMA: Victory for Same-Sex Binational Couples
In the eyes of federal immigration law, all marriages are now equal.

DOMA and IRS Tax Laws

Learn about the tax implications of the DOMA decision.

Same Sex Couples: Tax Filing Status for the IRS and States
With the Supreme Court ruling on DOMA, the IRS now recognizes same sex marriages for tax purposes; state rules vary depending on the state’s same-sex marriage or domestic partnership/civil union laws.
Gay Couples: Filing an IRS Claim for DOMA-Related Tax Refunds
Gay couples can file claims with the IRS for DOMA-related tax refund claims.
The DOMA Decision and Estate Tax
A widow who couldn't claim the estate tax exemption granted to opposite-sex spouses sued to overturn DOMA--and won.

DOMA and Employment Law

How the Supreme Court decision affects employment rights.

Employment Rights and Obligations After the DOMA Decision
The DOMA decision means new rights to employment benefits for same-sex couples, but not protection from workplace discrimination based on sexual orientation.
FMLA and COBRA Now Cover Same-Sex Spouses
The DOMA decision expands employment rights for employees with same-sex spouses under the Family and Medical Leave Act (FMLA) and the Consolidated Omnibus Reconciliation Budget Act (COBRA).

DOMA and Federal Benefits

The DOMA decision means significant changes in the availability of federal benefits.

Why Reversal of DOMA May Mean Less Social Security Money for Some Same-Sex Couples
While the DOMA ruling is an overwhelming win for marriage equality, it does carry downsides for some same-sex couples.
Can I get Social Security benefits as a same-sex spouse since DOMA was partially overturned?
Learn about what the DOMA decision means for Social Security benefits.
How the DOMA Ruling Affects Children of Same-Sex Marriages
Children whose parent marries a same-sex spouse are now eligible for federal benefits.
Military Benefits for Same-Sex Spouses Post-DOMA
The Supreme Court's decision on DOMA opens up a wide range of military benefits to same-sex spouses.
Veterans Benefits for Same-Sex Spouses Post-DOMA
The Supreme Court's ruling on DOMA gives veterans same-sex spouses access to many veterans benefits.
Social Security Benefits for Members of Domestic Partnerships and Civil Unions
Many states approving same-sex marriage provide existing same-sex civil unions or domestic partnerships automatically convert to marriages, providing the spouses with federal benefits.
Social Security Benefits for Same-Sex Spouses of Native Americans
If you were married in a tribal nation that permits same-sex marriage and you live there (or in a state or nation that recognizes same-sex marriage), you are eligible for spousal Social Security benefits.

DOMA and Bankruptcy

Learn how the end of a central piece of DOMA allows more people file joint bankruptcy petitions.

Same-Sex Married Couples and Bankruptcy: Can You File a Joint Petition?
Windsor v. United States clears the way for same-sex married couples to file joint bankruptcy petitions.
Married Same-Sex Couples Can File Joint Bankruptcy Petitions
More on the DOMA ruling and bankruptcy petitions.

DOMA and Real Estate

DOMA's reduction means new real estate benefits.

Real Estate Tax Impact of Supreme Court's DOMA Decision on Same-Sex Married Homeowners
Learn about new real estate tax benefits for married same-sex couples.
Tenant Rights Against Sexual Orientation Discrimination
In states that do not forbid sexual orientation or gender identity discrimination, DOMA will be of no help.

DOMA and Criminal Law

See how federal recognition of same-sex marriages affects criminal justice.

Can lawyers discriminate against jurors because of sexual orientation?
Lawyers aren’t allowed to dismiss prospective jurors for discriminatory reasons, at least when it comes to race and gender. But even after the DOMA decision, it’s not as clear whether they can exclude people because of sexual orientation.
Privileged Information at Trial: Spousal Privileges for Same-Sex Couples
The U.S. Supreme Court decision striking down a major provision of the Defense of Marriage Act doesn't affect rules of evidence relating to marriage.
Marriage of Equals
Spouses can avoid testifying about certain information in criminal cases. Learn what the spousal privileges mean for same-sex married couples.

DOMA and Intellectual Property

The DOMA ruling affects intellectual property rights.

Same-Sex Marriage and Copyright
Learn what the DOMA ruling means for spouses’ rights to their same-sex partners’ copyrighted work.