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DHS Begins Implementing Decision on DOMA On Wednesday, June 26, Secretary of Homeland Security Janet Napolitano announced that DHS would immediately begin to implement the Supreme Court decision invalidating section 3 of the Defense of Marriage Act...

Administration Issues Additional Guidance Following Supreme Court’s DOMA Ruling The State Department and Department of Homeland Security issued further guidance in August on the implementation of the Supreme Court’s ruling in United States...

The United States Supreme Court has struck down the Defense of Marriage Act (DOMA) as an unconstitutional violation of the "equal liberty" protections of the 5th Amendment. The dispute in U.S. v. Windsor * began when Edie Windsor filed a...

WASHINGTON, D.C. - (Mealey's) In a 5-to-4 vote, the U.S. Supreme Court on June 26 struck down as unconstitutional Section 3 of the federal Defense of Marriage Act (DOMA), which defines marriage as the legal union between one man and one woman as husband...

In a case that began with a claim for a refund of estate taxes paid, Judge Barbara S. Jones of the Southern District of New York ruled that the Defense of Marriage Act (DOMA) is unconstitutional under the Equal Protection Clause of the 5th Amendment....

In a case that began with a claim for a refund of estate taxes paid, Judge Barbara S. Jones of the Southern District of New York ruled that the Defense of Marriage Act (DOMA) is unconstitutional under the Equal Protection Clause of the 5th Amendment....

Last week's Supreme Court decision in United States v. Windsor , [ bulletin on the Windsor decision and its effects on all types of benefits programs by Brian Magargle in our firm's Columbia, SC, office] [ an enhanced version of the opinion is...

Giddyap! It's been a short week, but we have tons to talk about in the labor and employment law world! Thinking out loud about the impact of yesterday's DOMA decision on the Family and Medical Leave Act. The U.S. Court of Appeals for the First...

Two days ago, a federal judge ruled DOMA unconstitutional in Golinski v. U.S. Office of Personnel Mgmt. - and, it's the Case of the Week! [ an enhanced version of this opinion is available to lexis.com subscribers ] The challenge actually arose...

In May 2012, a three-judge panel of the U.S. Court of Appeals for the First Circuit held that the definition of "marriage" set forth in Section 3 of the Defense of Marriage Act ("DOMA") does not pass constitutional muster. If the...

by Teresa M. Harkins La Vita A CA federal bankruptcy court in In re: Balas and Morales became the first since the DOJ's announcement that it would no longer defend the Defense of Marriage Act to rule on the constitutionality of DOMA. The bankruptcy...

By Philip J. Michaels , Stephanie E. Heilborn and Jaclyn Gail Feffer On June 24, 2011, New York enacted the Marriage Equality Act (the "Act"), becoming the seventh jurisdiction in the U.S. to permit same-sex marriages, effective July 24,...

In a case that began with a claim for a refund of estate taxes paid, Judge Barbara S. Jones of the Southern District of New York ruled that the Defense of Marriage Act (DOMA) is unconstitutional under the Equal Protection Clause of the 5th Amendment....

This past week marked a significant change in the area of hospital visitation rights. Under new regulations implemented by President Obama, hospitals that participate in Medicare and Medicaid programs (i.e., most U.S. hospitals) must allow patients to...

By Katten Muchin Rosenman LLP On June 26, 2015, the US Supreme Court ruled that a state ban on same sex marriage is unconstitutional, in violation of the equal protection clause of the Fourteenth Amendment. The landmark ruling in the combined cases...