A couple in Adams County recently filed a lawsuit in Adams County District Court challenging Colorado’s Amendment 43 of Colorado’s state constitution, which defines marriage as only between a man and a woman and effectively bans same-sex marriage. In their lawsuit,...
Protecting You, Your Family, And The Life You Worked Hard To Build
Year: 2013
Military Veterans Benefits will be Extended to Same-Sex Married Spouses
The Department of Defense announced today that spouses of gay military members will be eligible to receive veterans benefits. This is the latest announcement regarding the effects of the Windsor decision in which Section III of DOMA, limiting the definition of...
IRS: All Same-Sex Marriages Recognized for Federal Tax Purposes
The IRS has announced that it will recognize all legal same-sex marriages for federal tax purposes, regardless of where the couple resides. Thus, even if a same-sex couple lives in or moves to a non-recognition state, such as Colorado, if they have obtained a marriage...
Social Security Administration announces regulations for same-sex marriage claims
Since the Supreme Court issued the Windsor decision in late June declaring Section 3 of DOMA unconstitutional, we have been awaiting clarification on exactly how federal benefits will be applied nationwide to same-sex married couples. If a same-sex married couple...
The Supreme Court Rules DOMA Unconstitutional
On June 26, 2013, the ten-year anniversary of the historic Lawrence v. Texas decision, the U.S. Supreme Court issued their much anticipated decisions regarding the constitutionality of DOMA and Prop 8. The Windsor decision, regarding DOMA, is addressed below. The...
The Supreme Court Dismisses California’s Prop. 8
On June 26, 2013, the U.S. Supreme Court issued their much anticipated decisions regarding the constitutionality of DOMA and Prop. 8. The Windsor decision, regarding DOMA, is addressed in the previous blog post. The Hollingsworth decision, regarding Prop. 8, is...
Refusing to Allow a Transgender Student to Use the Gender-Segregated Restroom that is Consistent with Their Gender Identity is Unlawful Discrimination
On June 17, 2013, the Colorado Civil Rights Division (“CCRD”) issued a Determination in the Charge of Discrimination filed by Coy Mathis (Ms. Mathis), by and through her parents, Jeremy and Kathryn Mathis, against Fountain-Fort Carson School District 8 (“School”). ...
Failing to Update Your Life Insurance Beneficiary May Mean Your Ex-Spouse/Partner Receives the Proceeds
Rarely does the Supreme Court weigh in on issues related to estate planning but in this term, it did just that. The Court’s decision In Hillman v. Maretta centered on what happens when a decedent’s life insurance beneficiary is his ex-spouse, i.e., the decedent did...
Parental Rights for Same-Sex Couples
The Colorado Civil Union Act went into effect on May 1, 2013 (with the exception of certain provisions related to insurance). Briefly addressed below are parental rights and options available to same-sex couples with relation to children, including children that have...
Dissolution of Same-Sex Marriages and Civil Unions From Other States – Can I? Why Should I?
Colorado’s new Civil Union law goes into effect in less than forty-eight hours and there is an almost palpable air of excitement. Colorado’s LGBT community will finally have at least some legal recognition as well as legal rights, responsibilities and protections...