A Holistic Approach to Planning for the Aging Same-Sex Couple: Special Considerations in Light of the U.S. v. Windsor Decision

Authors

Melissa Lader Barnhardt, University of Miami School of Law
Jessica M. Lillesand
Denise A. Lettau

First Page

1

Document Type

Article

Abstract

On June 26, 2013, the US Supreme Court found Section 3 of the Federal Defense of Marriage Act' ("DOMA") unconstitutional. DOMA was signed into law in 1996 by President Clinton. DOMA came into existence as fears arose that the state of Hawaii would start a trend as the first state to recognize same-sex marriage. DOMA was created to avert "an assault against traditional heterosexual marriage laws." Now that this section has been struck down, married members of the Lesbian, Gay, Bisexual, and Transgendered ("LGBT") community will be privy to the same federal benefits that their heterosexual colleagues have historically enjoyed depending on the state they live in. These benefits could provide some additional monies and protections during the golden years.

Recommended Citation

Melissa Lader Barnhardt, Jessica M. Lillesand & Denise A. Lettau, A Holistic Approach to Planning for the Aging Same-Sex Couple: Special Considerations in Light of the U.S. v. Windsor Decision, 26 St. Thomas L. Rev. 1 (2013).
Available at: https://scholarship.stu.edu/stlr/vol26/iss1/3