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Pennsylvania Family Law Updates, Events & Useful Tips Surrounding Family Law Issues

Tag Archives: DOMA

SAME-SEX MARRIAGE LEGAL IN PENNSYLVANIA

Posted in Divorce, Same Sex Marriage

This afternoon,U.S. District Judge John Jones ruled that Pennsylvania’s version of the Defense of Marriage Act banning same-sex marriage is unconstitutional. This decision, out of the Middle District of Pennsylvania, paves the way for legal, same-sex marriage in Pennsylvania. The repercussions of this decision remain to be seen, however, since there are other pending cases… Continue Reading

“Windsor” Case is Decided – Cases Continue to Accumulate in Favor of Same-Sex Marriage

Posted in Same Sex Marriage

The case of  Cozen O’Connor v. Tobits was on administrative hold by U.S. District Judge C. Darnell Jones II pending the recent U.S. Supreme Court’s decision regarding the Defense of Marriage Act. The Cozen O’Connor case involves the distribution of retirement benefits from a deceased attorney’s profit-sharing plan to her spouse, Jennifer Tobits. The case really deals with ERISA language… Continue Reading

Same-Sex Marriage License in Montgomery County?

Posted in Same Sex Marriage

Pennsylvania Attorney General Kathleen Kane’s decision not to have the Attorney General’s Office defend the state’s version of the Defense of Marriage of Act justifies its own analysis, but in the mean time, it appears that Montgomery County’s Register of Wills was prepared to issue a marriage license to a same-sex couple today.  Though the couple backed… Continue Reading

DOMA AND THE CONSTITUTION

Posted in Same Sex Marriage

June 27, 2013.  Yesterday was a landmark day in America.  The United States Supreme Court ruled that a statute passed by a large majority of both houses of Congress (by 5:1 margins) and approved as law by President Clinton on subjects related directly to the operation of the national government was unconstitutional because it encroached… Continue Reading

DOMA is Unconstitutional

Posted in Divorce, Same Sex Marriage

The United States Supreme Court issued their decision on gay marriage earlier today.  The Court ruled on California’s Proposition 8 ban on gay marriage and the 1996 federal Defense of Marriage Act (“DOMA”), which denied federal benefits to lawfully married same-sex couples, finding that DOMA is unconstitutional and sending Proposition 8 back to California. The… Continue Reading

Marriage Equality Act Passes in Delaware

Posted in Same Sex Marriage

Earlier this month Delaware became the eleventh state to legalize same sex marriage when they passed Marriage Equity Act in the state Senate.  Passage was fairly close with 12 voting for the Act and 9 voting against it in the Senate, while the House had earlier passed it 23 in favor to 18 against.  Leslie… Continue Reading

New Article on the Defense of Marriage Act Litigation and Its Impact on Pennsylvania Cases

Posted in Same Sex Marriage

There has been quite a bit of litigation and court decisions related to the Defense of Marriage Act and how it impacts state laws and the ability of states to enact federal laws due to different definitions of what constitutes “marriage;” traditionally, states have been left to decide how to handle domestic issues and the… Continue Reading

New York Strikes Down Defense of Marriage Act, Too

Posted in Divorce

The Defense of Marriage Act continues to be found unconstitutional in various jurisdictions across the country. Most recently, the Southern District of New York held it to be unconstitutional for discriminating against married same-sex couples. In Windsor v. USA, the issue was the assessment of $363,000.00 in estate taxes to Ms. Windsor from the estate of… Continue Reading