Same-sex Marriage = Equal Rights? - That is, until the Feds Get Involved
December 2, 2006
Michael J. Grilli, Esquire
In Washington State, a Federal Judge recently dismissed a same-sex couple’s joint filing for bankruptcy by upholding the Defense of Marriage Act and ruling that there was no validity in the couple’s marriage. This was the first test of the Defense of Marriage Act in the bankruptcy arena, and it has set a clear precedent that the Act will be an impediment to filing joint bankruptcy by a same-sex couple.
This is a major blow to same-sex marriage proponents who hoped that the 2003 Massachusetts ruling legalizing same-sex marriage would provide equal footing for same-sex married couples and traditionals. While the ruling legalizing same-sex marriage sparked tremendous amounts of controversy both inside and outside the state, many thought that it would open doors previously available only to marriages comprised of a man and a woman.
The reality is that Bankruptcy is not the only issue affected by the Defense of Marriage Act with regards to same-sex couples. These folks are learning that their rights are considerably compromised by it.
The Defense of Marriage Act was enacted in 1996 by the Federal Government. Within the act, marriage was defined solely as a union between a man and a woman. As a result, several of the rights under federal law that would normally be available for married couples are deemed unavailable to same-sex spouses in the Commonwealth of Massachusetts.
By way of example, under Federal Law, when a spouse dies, the surviving spouse is entitled to many benefits including Social Security, the continuation of Veteran’s pensions and survivor benefits for the spouses of Federal employees. Because the Federal Government does not recognize the validity of a same-sex marriage, these benefits are not available to those spouses,...
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BusinessWest
September 18, 2006
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