DOMA Dead
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Correct. But as I understand it, the Feds must recognize them if they are married within any state or international country that recognizes gay marriage. I can already tell (barring my own feelings about this) that I'm going to get REALLY tired of hearing about this for the next 10 years. -
It's not really quite correct to say DOMA is dead, precisely because of what you mention. States that do not wish to recognize same-sex marriage from other states do not have to. Where as male-female marriage in one state does get recognized in other states. Section 2 of DOMA is still in force.
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Better wait for the dust to clear.
I suspect it will be a while before the IRS shakes out the details and comes up with some guidelines.Leave a comment:
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DOMA Dead
My understanding of the recent Supreme Court ruling is that DOMA is gone so the Federal Government may not refuse to accept a marriage which is valid under the laws of any state. But as I understand it there is nothing that says any State has to allow same sex marriages to originate there. However what I really do not know is whether a same sex couple that gets a valid marriage in one of the states that does allow it and then moves to a state that wants to not recognize it, is that State free to do so or must it recognize that marriage? Could a state that was so inclined decide to not recognize any marriage that begins in a State that allows same sex marriage? Am I perhaps asking questions that do not have definitive answers at this time? I just need to know what the law is because I am willing to prepare any return that can be legally prepared and for which I will be paid my usual rates for my time.Tags: None
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