Wills, Trusts & Estates Prof Blog

Editor: Gerry W. Beyer
Texas Tech Univ. School of Law

Wednesday, June 26, 2013

DOMA Held Unconstitutional, Prop. 8 Dismissed


Today, the Supreme Court found the Defense Against Marriage Act to be unconstitutional, thus allowing married same-sex couples in states allowing gay marriage to receive hundreds of benefits available to married couples under federal law.

Married gay couples living in the 12 states that allow gay marriage, and the District of Columbia, will soon receive previously unavailable benefits like estate tax exemptions, Social Security survivors’ benefits, health insurance coverage for employee spouses, joint tax returns, and emergency leave.

The Supreme Court also dismissed by a 5-4 vote the Proposition 8 appeal, which ends California’s same-sex marriage ban.  This means gay marriage in California will likely resume as well as the benefits that go along with marriage.

See Daniel Arkin, Gay Couples Stand to Receive Thousands of Benefits in Wake of DOMA Decision, NBC News, June 26, 2013; see also Mike Sacks & Ryan J. Reilly, Supreme Court Rules on Prop 8, Lets Gay Marriage Resume in California, Huffington Post, June 26, 2013.


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