A lesbian couple from Fallsburg, New York, recently won a case in U.S. bankruptcy court that may have far reaching implications on the issue of same sex marriage and the validity of the Defense Against Marriage Act, reported the Times Herald-Record.
The women, who the newspaper said asked not to be identified by name, were married in a Vermont civil ceremony in October and jointly filed for bankruptcy soon after as a married couple. The paper said the Office of the United States Trustee initially tried to have the case dismissed on the grounds that DOMA required them to file separate petitions since their marriage was not legally recognized by the federal government.
However, on May 4 a judge in the New York Southern District sided with the couple, ruling that dismissing the bankruptcy was not in their best interest, reported the source. The judge also pointed out that none of the creditors had tried to dismiss the case.
Susan Sommer, the director of constitutional litigation for the gay rights group Lambda Legal, told the paper the case demonstrates how the lives and finances of same sex couples are just as intertwined as heterosexual couples.
"The judge recognized the sheer idiocy of the federal policy that refuses to recognize the reality," Sommer said.
In February, the Obama administration told the Justice Department that it could no longer defend DOMA in court, declaring that the legislation is unconstitutional.
PAID ATTORNEY ADVERTISEMENT: THIS WEB SITE IS A GROUP ADVERTISEMENT AND THE PARTICIPATING ATTORNEYS ARE INCLUDED BECAUSE THEY PAY AN ADVERTISING FEE. It is not a lawyer referral service or prepaid legal services plan. Total Bankruptcy is not a law firm. Your request for contact will be forwarded to the local lawyer who has paid to advertise in the ZIP code you provide. Total Bankruptcy does not endorse or recommend any lawyer or law firm who participates in the network nor does it analyze a person's legal situation when determining which participating lawyers receive a person's inquiry. It does not make any representation and has not made any judgment as to the qualifications, expertise or credentials of any participating lawyer. No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers. The information contained herein is not legal advice. Any information you submit to Total Bankruptcy does not create an attorney-client relationship and may not be protected by attorney-client privilege. Do not use the form to submit confidential, time-sensitive, or privileged information. All photos are of models and do not depict clients. All case evaluations are performed by participating attorneys. An attorney responsible for the content of this Site is Kevin W. Chern, Esq., licensed in Illinois with offices at 25 East Washington, Suite 400, Chicago, Illinois 60602. To see the attorney in your area who is responsible for this advertisement, please click here, or call 866-200-8052.
FLORIDA ONLY: Total Bankruptcy is considered a lawyer referral service in the state of Florida under the Florida Rules of Professional Conduct. By all other standards, Total Bankruptcy is a group advertisement and not a lawyer referral service.
If you live in Mississippi, Missouri, New York or Wyoming, please click here for additional information.
By an Act of Congress and the President of the United States, we are a federal Debt Relief Agency. Attorneys and/or law firms promoted through this Web site are also federally designated Debt Relief Agencies. They help people file for relief under the U.S. Bankruptcy Code. Disclosures Required Under the U.S. Bankruptcy Code.