Defense of Marriage Act, (“DOMA”)
The Defense of Marriage Act, (“DOMA”) enacted in 1996, mandates that the federal government disregard same sex marriages legally conducted in ANY state. As a result, committed couples who marry in states that recognize gay marriage are denied an array of federal benefits and protections granted to other married couples.For example, married same-sex couples cannot file joint income tax returns, transfer an estate to a spouse without tax consequences or receive spousal Social Security benefits. And, we have all heard the horror stories of long-term couples being denied the right to participate in the medical decisions of their partner or in some drastic cases, being denied visitation in hospitals or nursing homes!
In applauding the Senate Judiciary Committee’s recent vote to repeal DOMA, the New York Bar Association has announced that DOMA’s repeal continues to be a top priority of the Bar. The Bar specifically commends Judiciary Committee Chairman Patrick J. Leahy and U.S. Senators Charles E. Schumer and Kristen E. Gillibrand, co-sponsors of the repeal bill, for their strong advocacy on behalf of gay couples.
Gay Rights in Florida
Florida lags a bit behind New York in recognizing gay rights, and only recently did a Florida appeals court strike as unconstitutional the ban on adoptions by homosexuals.
Here, at the Law Offices of Debra G. Simms, we remain committed to gay rights.
Please feel free to contact us for a consultation.
See the exact wording of the Law:
