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.

Same-Sex Marriage Is In State Courts Across The Country

Over the past few months and especially over the past few weeks states across the nation have seen a great deal of action and activity with regard to the legalization of same-sex marriage. Since the United States Supreme Court decided United States v. Windsor 570 U.S. 13 (2013) many states have seen action taken by either their legislatures or their judiciaries to legalize same-sex marriage. In addition to this, some federal judges are in the process of moving numerous other states in this very same direction. There are currently approximately 70 marriage equality cases being considered throughout judicial systems in the United States and more district court judges may issue their own opinions which could change the laws in other states just like Judge Mary Jacobson in Mercer County Superior Court did in Garden State Equality v. Dow in September of 2013 to allow gay and lesbian couples in New Jersey to marry. Since that time many other states have followed suit. Just this week, the same-sex marriage ban which was incorporated into Oregon's state constitution was overturned by U.S. District Judge Michael McShane, and although an appeal to this decision has already been filed, Oregon state officials have not indicated that they will not move to disturb Judge McShane's ruling. In addition, this week also saw Pennsylvania's gay marriage ban struck down by U.S. District Judge John E. Jones. The Pennsylvania state Attorney General immediately announced that she would not be challenging the ruling and the state's governor, Tom Corbett, has already stated that he would not appeal the decision because such an appeal would be extremely unlikely to succeed. Assuming this trend continues, homosexual individuals will be permitted to legally marry in the majority of the U.S. states within a few years. As marriage equality continues to spread across the nation it is very important that LGBT couples who decide to obtain a legal marriage license understand the rights, benefits, and privileges that their legal union bestows upon them based on their state's laws. It is also imperative that in the event their relationship dissolves and they decide to seek a divorce to end their marriage each party is aware of their property and child custody rights as these issues will be in the forefront of the divorce proceedings - just as they are for heterosexual couples who are divorcing. If you are a gay or lesbian couple who plans on seeking a legal marriage or filing for a same-sex divorce or would like more information regarding the divorce process 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, custody and visitation, equitable distribution 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.