Implications Of Supreme Court’s Defense of Marriage Act (DOMA) Ruling In Washington State
The Supreme Court’s decision this week in United States v. Windsor, striking down a part of the Defense of Marriage Act (DOMA) as unconstitutional, has repercussions here in Washington State.
In states where same-sex unions are permitted, like here in Washington, federal benefits contingent on marital status will now extend to same-sex couples. While the ruling may seem simple, the effects are far reaching and may be complicated. There are hundreds and thousands of U.S. laws under which marital status plays a role, including laws related to healthcare, child and family services, federal income and estate or gift taxes, military benefits, immigration, and educational assistance. (See http://www.gao.gov/new.items/d04353r.pdf for a more expansive list).
Although some of the laws contingent on marital status may be immediately affected by the decision in Windsor, others, like tax law, may take some time for full implementation, as rules and statutory language will have to be rewritten. While the specific effects of the decision in Windsor may not be fully realized yet, the framework is now in place.
