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Heinle and La Vita on Gill v. Office of Personnel Management: the downfall of DOMA?

By Teresa M. Harkins La Vita This Emerging Issues Analysis analyzes the District Court's ruling in Gill v. Office of Personnel Management . The author addresses the impact that this decision, out of the United States District Court in Massachusetts, may have on the future of the Defense of Marriage...

Feds Appeal Mass. Rulings Against U.S. Marriage Law

BOSTON - (AP) The U.S. Department of Justice on Tuesday defended the federal law defining marriage as between a man and a woman by appealing two rulings in Massachusetts by a judge who called the law unconstitutional for denying federal benefits to gay married couples. In two separate cases. . . . Full...

2 Lawsuits Challenge U.S. Defense Of Marriage Act

NEW YORK - (AP) Two new lawsuits have been filed on behalf of gay and lesbian couples in four states to challenge a 1996 law that denies federal benefits to married gay couples. Full version available to lexis.com subscribers .

Federal lawsuit challenges Defense of Marriage Act and seeks refund of estate taxes paid by same-sex widow: FREE DOWNLOAD - Complaint

Edith "Edie" Windsor, who, in 2007, married the late Thea Spyer in Canada, recently sued the federal government, challenging the payment of more than $350,000 in federal taxes on Spyer's estate - fees that heterosexual widows are generally exempt from. The lawsuit challenges the Defense...

Teresa M. Harkins La Vita on The American Bar Association's Resolution 111: On the Road to Marriage Equality in America

By Teresa M. Harkins La Vita This Emerging Issues Analysis addresses the American Bar Association's Resolution 111, which urges state, territorial, and tribal governments to eliminate all of their legal barriers to civil marriage between two persons of the same sex who are otherwise eligible...

Why Tax Same-Sex Couples on Employer-Provided Health Benefits?

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 decide visitation rights, as well as who will make...

Recent Estate Planning Updates For Same Sex Couples

It was a big week for same sex couples with several huge stories with a potential impact on estate planning for same sex couples. At the federal level was President Obama's announcement on February 23, 2011 that the Department of Justice will no longer defend the constitutionality of DOMA...

Feds Appeal Bankruptcy Court Ruling Against Gay Marriage Ban

SAN FRANCISCO - (AP) The Obama administration appealed a bankruptcy court ruling that found the federal ban on gay marriage unconstitutional. The Justice Department filed the appeal Monday, even though President Barack Obama said he agrees the Defense of Marriage Act is unconstitutional. Nevertheless...

9th Circuit Orders Government To State Position On 'Don't Ask, Don't Tell'

SAN DIEGO - (AP) A federal appeals court that has called for the immediate halt of the military's ban on openly gay troops issued an order Monday requiring the U.S. government to state whether it will continue to defend the constitutionality of the policy in court. Monday's order comes less than...

In Sickness and in Health . . . and in Bankruptcy

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 court found that DOMA violates the equal...

DOMA Ruled Unconstitutional - COTW #80

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 the employment law context. An employee of...

Employment and Labor Roundup: Defense of Marriage Act decision, drugs, NLRB update, and more!

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 Circuit* held yesterday that Section 3 of the...

District Court: Estate Tax Marital Deduction Triggers Unconstitutional Ruling on DOMA

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. Edie Windsor and Thea Spyer were a couple for...

Asbury Law Firm: District Court: Estate Tax Marital Deduction Triggers Unconstitutional Ruling on DOMA

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. Edie Windsor and Thea Spyer were a couple for over...

Only the Beginning? First Circuit Panel Invalidates Key Provision of Defense Of Marriage Act

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 decision is upheld by the Supreme Court, repercussions...

Fulbright Team Files Amici Curiae Briefs on Behalf of Over 60 Public Interest Organizations in DOMA and Proposition 8 Cases

On February 28, 2013, Fulbright filed amici curiae briefs on behalf of over 60 public interest organizations with the U.S. Supreme Court as part of the Proposition 8 and Defense of Marriage Act cases. The briefs urge the Court to apply heightened scrutiny under the Equal Protection clause to classifications...

DOMA Doomed by Estate Tax Refund Claim

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 claim for refund of estate taxes paid after the death...

High Court: Ban On Benefits For Same-Sex Married Couples Unconstitutional

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 and wife for purposes of all federal statutes...

High Court: Ban On Benefits For Same-Sex Married Couples Unconstitutional

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 and wife for purposes of all federal statutes...

State Net Capitol Journal: Governors Brace For Marriage Fight To Return To States

Governors reacted somewhat predictably to the Supreme Court's historic decisions supporting same-sex marriage last Wednesday, with Democrats hailing the rulings and Republicans bemoaning them. But there is one thing both sides can agree on: the battle over gay marriage is sure to now shift back to...

Excerpts From the July 15, 2013, Bender’s Immigration Bulletin

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. In a statement, Napolitano said that the provision...

Supremes' DOMA Decision May Simplify Some Spousal FMLA Administration

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 available to lexis.com subscribers ] striking down...

Excerpts From the Sept. 1, 2013, Bender’s Immigration Bulletin

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 v. Windsor , 133 S. Ct. 2675, 2013 U.S. LEXIS...

Texas Federal Court Is Latest To Strike Down State Prohibitions On Same-Sex Marriage

On Wednesday, Feb. 26, U.S. District Judge Orlando L. Garcia of the Western District of Texas struck down the Texas ban on same-sex marriage. This ruling was the latest in a series of federal rulings handed down in the wake of the U.S. Supreme Court decision in United States v. Windsor, 133 S. Ct. 2675...

Katten Muchin Rosenman LLP: 8 Key Estate Planning Opportunities Arising From The Supreme Court's Decision On Same-Sex Marriage

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 known as Obergefell v. Hodges [1] struck down every...