Updates on Same-sex marriages/ LGBT

Since DOMA was overturned by the U.S. Supreme Court, changes have been coming up in Kentucky and other states at a pretty rapid (for the law) pace. We will start with Kentucky. For the two cases filed in the two Federal jurisdictions in Kentucky, which were filed by Shannon Fauver of the Fauver Law Office, all of the Defendants have been served and the first answers are due back from the Defendants on September 16, 2013.

There is also another case in Kentucky currently in which a Jefferson County Judge will have to decide if there is spousal privilege, in a murder case, when Kentucky does not currently recognize the same-sex marriage of the Defendant and her wife. http://www.theguardian.com/world/2013/aug/12/gay-couple-kentucky-spousal-privilege-protection

There was an attempt to have a trial on a case of two men who were arrested when they were denied a marriage license and then refused to leave the clerk’s office. The trial has been rescheduled as the attorneys were unable to find enough people from the jury pool that were not biased one way or the other. That trial has been rescheduled so that they can attempt to have an unbiased jury the next time. http://www.wlky.com/news/local-news/louisville-news/gay-couple-on-trial-after-arrest-while-applying-for-marriage-license/-/9718340/21337450/-/f7k5cr/-/index.html

As of last week the I.R.S. has decided that same-sex married couples will be treated the same as all other married couples for tax purposes. This is a change from their ruling right after the Defense of Marriage Act was overturned which precluded the same-sex married couples that live in the (currently) 37 states that do not recognize same-sex marriages from filing joint taxes.

http://www.washingtonpost.com/opinions/same-sex-couples-get-a-just-decision-from-the-irs/2013/09/03/2235aa60-14cc-11e3-880b-7503237cc69d_story.html

In Ohio, yesterday, for a second time, the a judge has ordered that a same-sex marriage is to be recognized. Unfortunately, both lawsuits were filed in relation to making sure that the marriage was to be listed on death certificates for the couples. It is a great outcome, but it is too bad it had to be for death certificate purposes and not something that all the parties could have benefited from while still alive.

http://www.advocate.com/politics/marriage-equality/2013/09/04/federal-judge-ohio-must-recognize-marriage-gay-couple

Now, Texas has the possibility of making two different and contradictory rulings on same-sex marriages this week. On one hand, Texas has refused to process same-sex benefits for members of the Texas National Guard, even when the Department of Defense has announced it will recognize same-sex marriages; http://www.npr.org/blogs/thetwo-way/2013/09/04/218915918/texas-mississippi-national-guard-wont-process-same-sex-claims while on the other, a lawsuit has been filed to have Texas to have Texas allow same-sex divorces in the State. http://www.lambdalegal.org/blog/texas-must-allow-married-same-sex-couples-to-divorce

As it currently stands, if a state does not recognize a marriage, then you can’t get divorced in that state. That means that is you are legally married individual in one of the 37 states that does not currently recognize your marriage, then you can’t get divorced easily. D.C. has even changed their rules to allow divorces for non-residents, if you were married there, just for that purpose. Normally, you would have to be a resident of the District of Columbia in order to divorce there, but a divorce isn’t currently possible for same-sex married couples in most states.

I am sure that there may be some more news on the GLBT front today, but this is what I know for this morning.

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