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DOMA Struck Down
On June 26, 2013, in the landmark ruling of United States v. Windsor, the U.S. Supreme Court struck down the Defense of Marriage Act (“DOMA”). In place since 1996, DOMA restricted validly married gay couples from access to federal benefits.
In another case decided the same day, Hollingsworth v. Perry, the Court reinstated a lower court opinion that struck down California’s gay marriage ban (called Proposition 8 or “Prop 8”). The Court held that the citizens who supported Prop 8 were not the right party to bring the case, and therefore the Court could not review a lower court decision striking down the law. While not holding directly that gay marriage must be legal, the Court effectively got rid of Prop 8, which only applies to California.
What does this mean for Illinois family law?
The immediate impact of the cases on Illinois family law is unclear and probably minimal. While historic, neither case requires a state to recognize same-sex marriages. Instead, the cases require the federal government to recognize those marriages that states (and foreign governments) have already approved. As a Chicago Divorce Attorney it is obvious to me the DOMA ruling could potentially boost the Illinois Same-Sex Marriage Proposal.
As I’ve written earlier, Illinois allows civil unions between same-sex couples, but gay marriage is not yet legal. Though a bill legalizing gay marriage passed the Illinois Senate earlier this year, it stalled in the House and did not become law. Currently, couples united through a civil union are entitled to equal status under Illinois law, but even without DOMA, may not have access to many federal benefits because they are not “marriages.” This means many people in Illinois civil unions will still have difficulty with federal joint tax filings, Social Security benefits, and other federal benefits.
However, the rulings may have broader effects on Illinois family law. First, the rulings have galvanized marriage equality activists in Illinois and beyond. Bernard Cherkasov, CEO of Equality Illinois said, “I see these decisions bringing renewed energy to the marriage fight in Springfield.” Second, the rulings may pave the way for future court cases requiring all states to recognize gay marriages. This may signal that the Supreme Court is willing to strike down all gay marriage bans.
What do you think about the rulings? How do you think they will affect Illinois family law? For more information on civil unions in Illinois or family law, contact me.
Michael C. Craven is a well-known divorce attorney in Chicago, CPA and a partner of the Chicago law firm, Beermann Pritikin Mirabelli Swerdlove LLP. He also holds a Master of Tax Law Degree (LLM). He is highly respected among other divorce attorneys, judges and his clients. Currently, Michael is the Secretary for the North Suburban Bar Association. Michael is available to provide speaking engagements on topics related to Illinois Family Law to professionals, community or religious organizations. For more information about all of his services, contact Michael at mccraven@beermannlaw.com or at Divorce Lawyers Chicago
