Changes are continually being sought when it comes to the issue of gay
marriage and whether they should be allowed the same rights as heterosexual
couples. With the recent election, some important issues were taken into
account and voters had the chance to give their say in the matter. One
act that many are looking to bring more attention to is the Defense of
Marriage Act, which prevents against same-sex couples from receiving the
federal benefits that come along with marriage. This chance will be coming
since the Supreme Court announced on Friday that it has agreed to hear
arguments against DOMA, as well as Proposition 8 in California which bans
the marriage of same sex couples. The argument will bring up whether or
not DOMA is constitutional and if it is right for states that allow same-sex
marriage to have federal benefits still denied to those couples that are married.
Some are hoping that the DOMA law will be struck down and that it has a
greater chance since it will apply to those states that already allow
for same sex marriage, rather than making an across the board ruling for
all states. Judge Scalia will have a say in the cases and he is known
to take a stance against gay marriage, having ruled this way in the past.
Recently a few other states have shown their change in stance on the topic
through a change in their laws. The state of Washington signed in a bill
into legislation and the new laws took effect on December 6, allowing
for gay couples to legally marry. Many believe that the increasing level
of social acceptance in this issue will continue to push it forward, while
others wonder if the more conservative states will hold it back from gaining
further leeway. With the acceptance of same-sex marriage in New York,
there are many areas of family law that will apply to gay couples specifically.
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New York City divorce lawyer from our office for caring and attentive service in a family law matter.