Wisselman & Associates Articles Federal Judge Rules Anti-Same Sex Marriage Law as Unconstitutional

Federal Judge Rules Anti-Same Sex Marriage Law as Unconstitutional

By Wisselman, Harounian & Associates, P.C.  Jun. 12, 2012 11:15a

A New York federal judge recently ruled that a law regarding marriage which resulted in the denial of disbursement of benefits to a surviving spouse in a same sex marriage was unconstitutional. The judge felt that the federal Defense of Marriage Act over steps its bounds in regard to states' rights and marriage. More and more states are allowing same sex marriages and a federal law which tries to make a standard definition of marriage as being between a man and a woman infringes on a state's right to define its own domestic relations laws. Do you feel that your rights have been violated? Don't hesitate to speak with a Long Island same sex family lawyer today!

Woman Sues over Denied Benefits after Partner's Death

The case resulting in aspects of a federal act being ruled as unconstitutional came in the wake of one woman suing the government after she was ordered to pay several hundred thousand dollars in estate tax after her partner died. She had been in a relationship with another woman for 44 years and the two had gotten legally married in Canada in 2007. Sadly, her spouse died two years later. Because of this federal law, the government stated that she did not qualify for the unlimited marital deduction when it came to her spouse's estate. She had to pay over $350,000 in estate taxes. With the recent ruling by the federal court judge, she will be reimbursed the full amount.

Long Island Same Sex Family Attorney for Estate Tax Matters

Our state's Marriage Equality Act was a milestone for those seeking to have their same sex marriage made legal in the eyes of the law. Despite this act, however, not all things were given equal attention. Many issues involving benefits and estate taxes are still matters often requiring the help of a knowledgeable Long Island same sex family attorney. Working with an attorney helps protect your rights and ensure those rights continue to be protected in the future. Our dedicated legal team at Wisselman, Harounian & Associates, P.C. has over 150 years of combined experience in family law. We are knowledgeable in many legal aspects of same sex family law including adoptions, marriage, child custody, child support, division of assets, mothers' rights, fathers' rights, medical decisions, 401ks / retirement plans, insurance, estate taxes, social security, nuptial agreements and more. Contact our law offices to discuss your case and any questions you may have.

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