According to a recent article in the New York Times, the concern of whether or not same-sex couples hold the same rights in marriage as heterosexual couples do, even in light of the recent changes in the Supreme Court. The article discusses John and David are a married couple who have a three year old son named Miles, and the fact that though their marriage is considered legitimate in the eyes of the law, they are still far from having the same rights as their heterosexual married friends.
John and David were married in the state of California prior to Proposition 8 being established, essentially banning the marriage for same-sex couples. Since the Supreme Courts overthrow of his proposition, and gay marriages have been restored in the state of California, this couples feels as though they are far from equal to the families next door.
This couples is in an interesting predicament because they are from the state of Utah, which does not recognize gay marriage, they moved to California before the ban to be married where they adopted their son, and the also live part time in Washington, a state which does recognize gay marriage. Because there are still a number of state which do not hold to the union of same-sex couples as legal, many couples will move to other states in order to be wed.
However, when this happens, they can often times be caught in a tangled web of laws and regulations, all of which vary from state to state. At this point the Obama administration is just beginning to touch on this very complicating matter because they are in a sense caught in the middle with regards to state and federal laws and how the federal government can protect the rights of people in a state without overruling the states authority for certain legal matters.
It is difficult because these marriages are now recognized by the federal government, though not all states which can make matters extremely complicating. One of the biggest issues that will arise for same-sex couples who are married is the issue of taxes. For example, David is a college professor and John is a stay at home dad and he raises their little boy (though he was a former executive for Google).
Where a heterosexual couples would jointly file their marriage and reap the benefits of deductions that are offered to couples, because the same-sex couples are from Utah, they will still be required to file separately and therefore are not entitled to the same deductions as they would be as heterosexual couples.
For more information regarding same-sex marriage and your rights, please contact a Long Island family lawyer at the Meyers Law Group, P.C. today!