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After DOMA

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Note: These factsheets were prepared before the Supreme Court’s decision in Obergefell v. Hodges, striking down discriminatory marriage bans across the country. For more up-to-date information, please visit MarriageEqualityFacts.org.

The Supreme Court Ruling on the Defense of Marriage Act: What it Means

The Supreme Court’s historic ruling striking down Section 3 of the discriminatory Defense of Marriage Act (DOMA) is an enormous victory for loving, married couples and their families, and affirms that they deserve equal treatment under the law. Read the introductory FAQ.

This series of fact sheets produced together by:
American Civil Liberties Union | Center for American Progress | Family Equality Council | Freedom to Marry | Gay & Lesbian Advocates & Defenders | Human Rights Campaign | Immigration Equality | Lambda Legal | National Center for Lesbian Rights | National Gay and Lesbian Task Force | OutServe-SLDN.

  • Private Employment Issues and Benefits
    This Guidance addresses some of the marriage-related issues regarding employer-sponsored retirement plans and health insurance benefits that are regulated by federal law.

  • Benefits and Protections for Civilian Federal Employees and their Spouses
    Current and former civilian employees of the federal government may be eligible for an array of protections and benefits for their spouses.

  • Family and Medical Leave Act for Non-Federal Employees
    This guidance addresses the rights that non-federal employees and their same-sex spouses should expect to receive under the FLMA now that DOMA has been struck down.

  • Federal Taxes
    Summarizes a few of the many tax issues potentially affecting married same-sex couples now that DOMA has been invalidated.

  • The Free Application for Federal Student Aid (FAFSA)
    This guidance addresses the Free Application for Federal Student Aid (FAFSA).

  • Immigration
    These FAQs address some of the questions we anticipate LGBT families with immigration issues will have following a Supreme Court decision striking down DOMA.

  • Medicaid
    Medicaid is a health insurance program for very low-income people who meet certain guidelines.

  • Social Security & Family Protections
    This guidance addresses Social Security spousal benefits: when one spouse retires; in the event of disability; and when one spouse has passed away.

  • Military Spousal Benefits
    This guidance addresses the allowances and benefits provided to service members who are married (or who have another qualified dependent).

  • Veteran’s Spousal Benefits
    This guidance addresses the two categories of veterans who receive benefits from the Department of Veterans Affairs: qualified non-retired veterans and retirees.

  • Supplemental Security Income for Aged, Blind, and Disabled (SSI)
    The (SSI) program pays a modest cash benefit to people who are at least age 65 and meet financial limits or have severe disabilities and very limited income and resources.

  • Medicare Spousal Protections
    This guidance addresses the spousal protections of Medicare, the federal health insurance program for adults 65 and older, as well as for certain younger people with disabilities.

  • Bankruptcy
    This guidance provides basic information about bankruptcy filings, how being married matters in bankruptcy proceedings, and what married same-sex couples can expect.

  • Temporary Assistance for Needy Families (TANF)
    Temporary Assistance for Needy Families (TANF) is a federally-funded program run by states that provides limited cash assistance to extremely low-income parents and their children.