By Stephen W. Sather
Barron & Newburger, P.C.
Austin, TX
The recent Supreme Court decision requiring states
to recognize same-sex marriages has generated substantial controversy in the
political world, but what does it mean for bankruptcy courts? The obvious answer is that more people will
be able to file joint bankruptcy petitions than before. However, going from a system where some
marriages were legally recognized in certain jurisdictions but not others to
one where they must be permitted everywhere is likely to result in confusion
for practitioners and courts alike for years to come. This post will attempt to point out some of
the issues involved.
A
Short History of Same-Sex Marriage in the United States
For most of the nation’s history, marriage was
limited to couples of different genders.
In 1996, Congress passed the Defense of Marriage Act which prohibited
the United States government from recognizing any marriage other than one
between a man and a woman. In 2003, the
Massachusetts Supreme Court entered a ruling which made that state the first in
the nation to recognize same sex marriage.
As a few other states followed suit, it became possible to have a
marriage which was sanctioned by a particular state but not by the federal
government.