Senators Udall (D-Colo) and Murray (D-Wash) have proposed the Social Security and Marriage Equality Act (SAME), which would essentially allow for the processing of Social Security spousal retirement, spousal survivorship and death benefits for same-sex spouses who are...
Protecting Clients, Their Families And Their Legacies
LGBTQ Legal Issues
Social Security Changes Affecting the LGBT Community
The Social Security Administration (SSA) has made two announcements this year that affect the LGBT community. First, the SSA announced it was changing its policy with regard to the ability of transgender individuals to receive benefits through their spouses. Prior to...
Updated: Income Tax Filing Status for Same-Sex Married Couples
For Colorado same-sex couples who have been lawfully married in a state recognizing same-sex marriages, a bit of confusion initially existed this year when it came to filing income taxes, at least with regard to their state taxes. However, that confusion has now...
Lawsuit Filed Challenging CO’s Same-Sex Marriage Ban
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,...
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 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...
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...
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”). ...

