FMLA Could Be Extended to Couples in Same-Sex Marriages Throughout Nation

Gay and lesbian couples who were joined in same-sex marriages are now entitled to the Family and Medical Leave Act (FMLA) in states that recognize marriage equality, but the FMLA could also be extended throughout the nation to include common law spouses even in states that currently do not recognize same-sex marriage as well. The U.S. Department of Labor recently proposed a new rule that would extend the effect and benefits of the FMLA to same-sex couples and common law spouses throughout the country. Employers had until August 11, 2014 to submit their comments and suggestions regarding the new proposed rule change. The FMLA covers employers with fifty (50) or more employees within seventy-five (75) miles of each other. As it is written, the law permits any eligible employee to apply for and take up to twelve (12) weeks of unpaid leave within a 12-month period of time if and when a member of his or her family has a serious health condition. The FMLA designates a family member as a parent or child under the age or 18 or a spouse. Previously, only legally married heterosexual couples qualified as spouses under the law. In 2014, the United States Supreme Court struck down parts of the Defense of Marriage Act (DOMA) which defined "marriage" and "spouse" to be limited to heterosexual partners. This ruling changed the definition of "spouse" with regard to the FMLA to include a legally married same-sex spouse, if that person worked in a state that recognized marriage equality but not in states that did not recognize same-sex marriages. The current proposed rule would expand FMLA to the spouses of gay and lesbian individuals as long as the marriage was legal in the state where it was entered into even if they work in a state where same-sex marriage is not legal. The new rule would also expand the FMLA to common law spouses in all fifty (50) U.S. states, provided that the relationship is recognized in at least one state. If you are a gay or lesbian couple who plan on seeking a legal marriage or filing for a same-sex divorce or would like more information regarding same-sex divorce it is critical that you seek out the advice of an experienced attorney before proceeding. For more information about same-sex marriage, same-sex divorce, same-sex relationship dissolution, equitable distribution, alimony, custody and visitation, or other family law matters in New Jersey visit HeatherDarlingLawyer.com. This blog is for informational purposes and it is in no way intended to replace the advice of an attorney.

Same-Sex Marriage: The Impact Of Windsor In America

The years 2013 and 2014 have ushered in great social and cultural change with regard to the status of same-sex marriage throughout America due in large part to the decision in United States v. Windsor, 570 U.S. 12 (2013). One year ago this week the United States Supreme Court decided the landmark Windsor case which struck down The Defense of Marriage Act (DOMA) as unconstitutional and essentially held that gay and lesbian people in the United States should be offered the same rights and respect under the law that heterosexual people currently enjoy. This decision has had a profound impact on the status of marriage equality in America. DOMA was passed by Congress in 1996 and functioned to define marriage as a legal union between a man and a woman only - in the eyes of the federal government. After DOMA's passage, gay and lesbian married couples were officially denied all of the federal recognition and benefits that were afforded to straight couples who were married. When the Windsor case was filed in 2010, only five (5) states and Washington D.C. allowed same-sex marriage. When the United States Supreme Court rendered its decision in the case, twelve (12) states allowed LGBT people to marry. Today, nineteen (19) states, as well as Washington D.C., recognize same-sex marriages along with the federal government. Currently, 44% of the population of the United States have the right to marry a same-sex partner if they choose to do so. This reflects a remarkably fast cultural shift across this nation - a shift that will have long lasting effects on the legal atmosphere for decades to come. At present, there are many other states' courts and legislatures that are deciding issues regarding marriage equality and there may be even more states that recognize same-sex marriage by the end of this year. The rolling trend toward marriage equality in America is undeniable. Therefore, gay and lesbian couples who are contemplating marriage in New Jersey or any other state that now recognizes marriage equality should educate themselves on their new rights and legal responsibilities, especially if they were previously joined in a civil union or domestic partnership. If you are a gay or lesbian couple who plan on seeking a legal marriage, filing for a same-sex divorce or would like more information regarding same-sex divorce it is critical that you seek out the advice of an experienced attorney before proceeding. For more information about same-sex marriage, same-sex divorce, same-sex relationship dissolution, equitable distribution, alimony, custody, visitation, or other family law matters in New Jersey visit DarlingFirm.com. This blog is for informational purposes and it is in no way intended to replace the advice of an attorney.

Lesbian Widow to Receive Death Benefits After Wife Dies While Serving in U.S. Military

Tracy Dice Johnson, a lesbian widow of an Afghanistan war soldier who was killed on duty, announced this week that the Department of Veterans Affairs has completed a review of her case and has determined that she is entitled to death benefits of her same-sex spouse. Tracy Dice Johnson is a member of the National Guard stationed in North Carolina and she has also served her country in Iraq. She married Sgt. Donna Johnson, who was killed in October 2012 when a suicide bomber attacked a checkpoint in Afghanistan. Tracy Johnson has been an advocate for the repeal of the Defense of Marriage Act (DOMA), which had defined marriage as being between a man and a woman in the eyes of the federal government. Under DOMA, Tracy Johnson and other gay and lesbian war widows and widowers were not permitted to receive federal benefits from the government in the event that their spouse was killed on duty. In fact, when her wife was killed, Tracy was not even notified by the military, even though she was listed as Donna Johnson's "next of kin," because the military did not recognize her marriage as a valid marriage. As such, Donna's mother was first notified about her daughter's passing. In June of 2013, the United States Supreme Court struck down DOMA in United States v. Windsor, 570 U.S. 12 (2013). Since DOMA was overturned, the federal government and the military will now recognize same-sex marriages as being equal to those of heterosexual marriages and therefore gay and lesbian widows and widowers will not receive death benefits and all other benefits that were previously only available to heterosexual married couples serving in the military. Tracy Dice Johnson's benefits will be retroactive to the date that her wife was killed on duty - even though her untimely death occurred before the Supreme Court struck down DOMA. This is a significant event in the progression of same-sex marriages across the country and reflects a giant victory for those who support marriage equality. If you are a gay or lesbian couple who plan on seeking a legal marriage or filing for a same-sex divorce or would like more information regarding same-sex divorce it is critical that you seek out the advice of an experienced attorney before proceeding. For more information about same-sex marriage, same-sex divorce, same-sex relationship dissolution, postnuptial agreements, prenuptial agreements or other family law matters in New Jersey visit DarlingFirm.com This blog is for informational purposes and it is in no way intended to replace the advice of an attorney.

NJ Same-Sex Marriage After Supreme Court Strikes Down DOMA

The Supreme Court of The United States of America has struck down the Defense of Marriage Act (DOMA), which denied federal benefits to same-sex couples who are married, in civil unions or other forms of union recognized under state law. The President 's administration stated it would quickly move to ensure same-sex married couples get the same federal tax and other benefits that heterosexual married couples receive. It is still up to the individual states to determine if they will recognize same-sex marriage. In New Jersey, the Supreme Court of New Jersey in its opinion in the 2006 case of Lewis v. Harris, 188 N.J. 415 (2006) held that it is unconstitutional to deny same-sex couples the same rights and benefits that heterosexual couples are given and held that the State could either amend the marriage statutes to include same-sex couples or enact a parallel statutory structure by another name in which same-sex couples would enjoy the same rights and benefits and bear the burdens and obligations of civil marriage in the State of New Jersey. The State Legislature established civil unions which do not qualify as "marriage" under the Federal Laws. Governor Christie has made it clear he does not support same-sex marriage. He vetoed a marriage bill passed by the legislature and voiced his disfavor with the Supreme Court's ruling striking down DOMA. He stated he wants the issue left up to the voters of New Jersey. Many in the State Legislature are trying to override Governor Christie's veto. If you are in a same-sex relationship in New Jersey and are interested in protecting or providing for your partner you should consult with an experienced family attorney. For more information about same-sex relationships, palimony agreements, cohabitation agreements, child custody, visitation, dissolution, divorce, child support or any other type of family law matter in New Jersey please visit HeatherDarlingLawyer.com. This blog is for informational purposes only. It is not intended to replace the advice of an attorney regarding your specific matter.

Proposition 8 in the U.S. Supreme Court

After the first day of the United States Supreme Court hearings relating to same-sex marriage, as they considered California's Proposition 8 ban on same-sex marriage, little is known about what the Supreme Court will decide. In fact, from Justice Kennedy's comments, whether the Supreme Court will decide the question of Proposition 8 at all is on the minds of those following this issue which will make so much difference for so many. Yesterday's comments by Justice Kennedy regarding the Court's need to tread lightly when entering "uncharted waters" and that reference to the destination in the court's decision being "a cliff" left some believing that the U.S. Supreme Court may dismiss Proposition 8 and leave the issue of gay marriage to the states for at least another year. If the Supreme Court dismisses the matter of Proposition 8, only California would be affected. Gay and lesbian marriages in California could proceed but the issue of same-sex marriage in other states would not be impacted. The statements of the Justices will now weigh on the minds of many until June when the decision is expected. Today the Supreme Court will hear arguments as to whether the 1996 federal Defense of Marriage Act (DOMA) should be struck down. DOMA denies federal benefits to married gay and lesbian couples even in states where same sex marriage is recognized and accompanied by the benefits thereof. As of now, 30 states have constitutional amendments which prohibit same-sex marriage and there are only 9 states which recognize same-sex marriage. For more information on civil union, marriage, domestic partnership, pre-nuptial agreements, post-nuptial agreements, palimony agreements, dissolution, divorce, child support, custody, parenting time/visitation, adoption, modifications, alimony, palimony or other family law matters in New Jersey visit HeatherDarlingLawyer.com. This blog is for informational purposes only and in no way intended to replace the advice of an attorney regarding your specific matter.

Gay Marriage Cases to Be Heard By US Supreme Court in 2013

2013 will definitely be a year to remember as the United States Supreme Court announced it has decided to hear two gay marriage cases, California's ban on gay marriages and the challenge to the federal Defense of Marriage Act (DOMA). Although not New Jersey cases, the impact for New Jersey residents could be considerable. Even though New Jersey recognizes Civil Unions, same-sex marriages are not recognized. In addition, Domestic Partnerships that were previously entered remain valid, however, new domestic partnerships are available only to couples in which both partners are at least 62 years old. In reviewing DOMA, enacted in 1996, the US Supreme Court will review the way things such as health insurance, medical leave, taxes and similar issues will be handled for same-sex couples. President Obama publicly announced his administration would no longer defend DOMA, as it violated the equal protection guarantees of the United States Constitution, and multiple state courts have declared the law unconstitutional. In reviewing California's Proposition 8 matter, the Supreme Court will directly address the fundamental question of whether same-sex couples have the right to marry. Although the New Jersey Senate and the New Jersey House of Representatives passed the Marriage Equality and Religious Exemption Act, Governor Chris Christie vetoed it. Governor Christie made clear his choice was not to allow "political maneuvering" to decide the issue but to allow LGBT proponents to bring the issue to the ballot where the people of New Jersey can make the final decision on whether same-sex marriage will stand in this state. For information regarding same-sex law in New Jersey, including civil unions, domestic partnerships, adoption, dissolution, custody, child support, support agreements, property division or other legal concerns of gay, lesbian, bisexual, transgender couples in New Jersey visit HeatherDarlingLawyer.com. This blog is for informational purposes only and in no way intended to replace the advice of an attorney regarding your specific matter.