Second Circuit Court Joins First Circuit: the federal Defense of Marriage Act is Unconstitutional

The Second Circuit Court of Appeals ruled that the Defense of Marriage Act (DOMA) violates the constitutionally protected rights of same sex couples. Relying on the Equal Protection clause of the US Constitution, the federal court found that marriage is a state issue and, where a state allows same sex marriage, the federal government must recognize and give effect to state law. The case was brought by a New York same sex, surviving spouse, seeking a refund of estate tax paid on assets she inherited from her deceased spouse. Heterosexual, married couples receive a spousal deduction and so do not pay estate tax on assets inherited from a deceased spouse.

The First Circuit Court of Appeals, which includes Maine, previously ruled that portions of DOMA are unconstitutional. In its ruling, a court panel found that the federal government did not have sufficient support to justify its interference with state law defining marriage as including same sex couples, and that denial of federal marriage benefits to same sex couples amounted to unconstitutional discrimination.

Given these two rulings, DOMA clearly will be heading to the United State Supreme Court.

http://www.powersandfrench.com/news/547/

A large, national class action lawsuit regarding Medicare coverage has been settled with a proposed change in government regulations that will bring relief to thousands of Medicare recipients. The current practice of terminating home health, skilled nursing home care and outpatient therapy on the basis of lack of improvement will be changed so that improvement is no longer required for continued coverage of these services. A comprehensive New York Times article on the subject:
http://www.nytimes.com/2012/10/23/us/politics/settlement-eases-rules-for-some-medicare-patients.html?comments#permid=42

Our estate planning attorney, Maryellen Sullivan, attended the Southern Maine Senior Expo on September 25, 2012 at the Freeport Hilton Garden Inn. The event, organized by the Maine Senior Guide, included exhibitors, speakers, and activites.

Maryellen volunteered at the Lawyer Referral and Information Service exhibit. LRIS is operated by the Maine State Bar Association and provides information and referrals to clients of all ages. All of the attorneys at Powers & French, P.A. serve as LRIS attorneys. More information is available at www.mainebar.org/lris.asp.

Jed J. French, Esq. recently was presented the 2012 Career Judge Advocate Award by the Judge Advocates Association.

The award is presented annually to active duty, reserve or guard status attorneys serving in the military as Judge Advocates. The award recognizes outstanding professional accomplishments, service to community, service to the legal profession, and the development of subordinates

The Judge Advocates Association is a national, professional legal organization dedicated to the promotion and support of Judge Advocates.