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Questions Unanswered After DOMA Cases

FlagAs I have previously discussed, the Supreme Court found the DefenseAgainst Marriage Act to be unconstitutional, thus allowing married same-sexcouples in states allowing gay marriage to receive hundreds of benefitsavailable to married couples under federal law. However, the two seminalcases Windsor v. U.S., and Hollingsworth v. Perry,have left some questions unanswered. Attorney Frank Berall, from BNA Tax andAccounting Center poses a few questions that these cases present below:

  1. Whether the U.S. Code’s definition ofmarriage, is theonly one defining “marriage?”
  2. Could the federal government adopt apolicy that a marriage valid in any state will be recognized for federal lawpurposes, whether or not that marriage is recognized by the domiciliary state?This seems within the power of the President and appears consistent with theadministration’s views.
  3. Could someone (such as an Arab) with morethan one wife obtain a marital deduction for bequests to his two or threewives? 
  4. Could someone marry several people, aspermitted in some Arab and other countries with the United States required torecognize their marriages?

See FrankS. Berall, Questions Remaining About Doma After the Windsor andPerry CaseesBloomberg, Jul. 18, 2013. 

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