Another Article on the Possible Demise of DOMA

Professor Berry this morning linked to a very interesting article [pdf] on the possible demise of DOMA by Jerry Simon Chasen (Attorney at Law, Miami, FL).

Within a four-week period last summer, three U.S. district court decisions were handed down that call into question the constitutional viability of the federal Defense of Marriage Act (DOMA). Because this law bars legally married same-sex couples from enjoying the 1,138 rights, benefits, and privileges extended to married couples under federal law—probably chief among which, for estate planners, are the unlimited marital deduction (when there is an estate tax) and the additional step up (when there is not)—the demise of this law would have a significant effect on planning for this population.

Read on!

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