The day after the Defense of Marriage Act was declared unconstitutional, same-sex couples who are legally married in their own states are wondering about their new federal protections - as Social Security, veterans' benefits, health insurance and retirement savings.
Michael DiPasquale is an architect and professor at UMass. His partner, David, is a federal employee. He works at a VA hospital. The couple is trying to figure out whose health insurance to to use, as it’s not clear when Michael will be able to join David’s health insurance plan.
“I have to say there’s some irony because David’s a doctor, and I couldn’t get health insurance through him,” Michael said. “I was going to the eyeglass place yesterday and I said, ‘Dave,’ maybe I should tell them I have your insurance now because I think you have better benefits than I do.”
The couple said they are also trying to sort through the absurd nature of filing income taxes.
“We file as a married couple in Massachusetts but as two separate households for the federal government," Michael said. "I’ve heard from friends that probably we’ll be paying more taxes now as a married couple. I think that’s fair. The unfair was having us file separately.”
Joint income tax filing and health insurance are just two of the many marital benefits that were denied to families because of DOMA, but will now be granted to same-sex couples in legal marriages. Also changing: exemption from federal estate taxes, pension protections for federal employees' spouses, social security benefits for widows and widowers, support and benefits for military spouses and immigration protections.
Gay and Lesbian Advocates and Defenders in Boston attorney Janson Wu said their info hotline has been ringing off the hook.
“We anticipate that the Obama administration will still need some time to figure out how to fully implement DOMA, so we certainly urge the administration to try to do that as quickly as possible given how much there is a need for these families to receive relief,” Wu said.
Wu said the ruling does not require private companies to provide health insurance for both spouses. And he recommends same-sex couples seek the help of a tax attorney – because the past three years of tax filings can be amended. Changes to all other benefits are expected to be announced by the federal government after the DOMA ruling goes into effect after a 25-day waiting period.
