Planning for the Demise of DOMA

What same-sex couples should be doing now

A number of recent federal court decisions have found Section 3 of the Defense of Marriage Act (DOMA) unconstitutional. Writs of certiorari have been filed, and the U.S. Supreme Court is under mounting pressure to rule on whether DOMA’s definition of marriage as being between only a man and a woman violates equal rights protections and federalism provisions of the U.S. Constitution. The federalism arguments relate to the sharing of powers between federal and state governments. While ...

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