Wednesday, January 1, 2020

Legal Issues for LGBT Caregivers

By Family Caregiver Alliance and Helene V. Wenzel

Lesbian, gay, bisexual and transgender (LGBT) people have witnessed two of the most dramatic and far-reaching changes to their rights in the last few years. In 2010 Edith Windsor, a woman in her 80s, challenged the US Supreme Court (U.S. v. Windsor) in order to receive the pension of her deceased life partner, a partnership of 44 years duration. The pension had been denied to her because they were not married as husband and wife according to the 1996 Defense of Marriage Act (DOMA).
On June 26, 2013, the US Supreme Court ruled that section 3 of DOMA that had defined marriage as between a man and a woman as husband and wife was unconstitutional. From that date forward, the federal government had to recognize same sex marriages approved of by the states.

At the time only 37 states recognized and protected same sex marriage. Two years later to the day, on June 26, 2015, the Supreme Court’s long-awaited landmark decision in Obergefill v. Hodges handed down a guaranty to same sex couples in all the states throughout the nation the right to marry and the right to have those marriages recognized at the federal level. Both of these Supreme Court decisions greatly advanced LGBT rights.

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