Southern District Judge ruled in a New York court that the Defense of Marriage Act denied equal benefits to same-sex couples, as reported in a June 7th, 2012 New York Law Journal article.
The judge granted summary judgment in favor of a widowed lesbian plaintiff who is suing the government for failing to recognize her marriage to her partner. Her partner passed away in 2009 leaving everything to the plaintiff. However, the federal government did not grant the spousal inheritance tax relief to the plaintiff, stating that her marriage was not recognized. The New York judge awarded the plaintiff $353,053 plus interest and costs plus denied the opposing party motion for dismissal.
Supports of the reversal of DOMA believe this verdict is evidence to the public and court views on same-sex marriages changing. Hopefully, this verdict will help persuade the government in dismissing DOMA completely.
We at the law office of Jayson Lutzky, P.C. (www.mynewyorkcitylawyer.com) are following closely to the laws affecting the issues surround child custody and support. If you have any legal questions or concerns regarding a spousal support dispute, then please contact our law office at 1-800-660-LAWYER or 1-800-660-5299 today for a free initial consultation.