Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

The Matrimonial StrategistKickerFeaturesSectionsNewsLJN Newsletters

The March Toward Marriage Equality in a Post-<i>Windsor</i> Nation

By Frank Gulino

The Supreme Court's decision in United States v. Windsor, 133 S. Ct. 2675 (2013), has had immediate, positive effects on the aspirations of same-sex couples to be accorded the same rights long held by heterosexual spouses. In Windsor, the Court struck down as unconstitutional the definition of marriage ' as the union of one man and one woman ' contained in the federal Defense of Marriage Act (DOMA) (codified at 1 U.S.C. ' 7). The Court ruled that DOMA, by its restrictive definition of marriage, sought to ' and did ' injure same-sex spouses, legally married under state law, by denying them the array of federal benefits enjoyed by heterosexual married couples.

As Justice Anthony Kennedy wrote in his majority opinion, “DOMA writes inequality into the entire United States Code ' forc[ing] same-sex couples to live as married for the purpose of state law but unmarried for the purpose of federal law ' .” Windsor, 133 S. Ct. at 2694. Justice Kennedy noted that DOMA prevented same-sex married couples from obtaining benefits they would otherwise be entitled to under more than 1,000 federal statutes and regulations. See id. at 2690, 2694.

This premium content is locked for Entertainment Law & Finance subscribers only

  • Stay current on the latest information, rulings, regulations, and trends
  • Includes practical, must-have information on copyrights, royalties, AI, and more
  • Tap into expert guidance from top entertainment lawyers and experts

For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473

Read These Next
Bankruptcy Sales: Finding a Diamond In the Rough Image

There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.

Removing Restrictive Covenants In New York Image

In Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?

Coverage Issues Stemming from Dry Cleaner Contamination Suits Image

In recent years, there has been a growing number of dry cleaners claiming to be "organic," "green," or "eco-friendly." While that may be true with respect to some, many dry cleaners continue to use a cleaning method involving the use of a solvent called perchloroethylene, commonly known as perc. And, there seems to be an increasing number of lawsuits stemming from environmental problems associated with historic dry cleaning operations utilizing this chemical.

Blockchain Domains: New Developments for Brand Owners Image

Blockchain domain names offer decentralized alternatives to traditional DNS-based domain names, promising enhanced security, privacy and censorship resistance. However, these benefits come with significant challenges, particularly for brand owners seeking to protect their trademarks in these new digital spaces.

Why So Many Great Lawyers Stink at Business Development and What Law Firms Are Doing About It Image

Why is it that those who are best skilled at advocating for others are ill-equipped at advocating for their own skills and what to do about it?