Same Sex
Bankruptcy
A married couple may file a joint
bankruptcy petition. What about a married couple of the same
sex? Under the Defense of Marriage Act (DOMA), which became
law in 1996 a gay or lesbian couple does not have the right to file
a joint bankruptcy petition since DOMA defines marriage to between
a man and woman.
Now, that seems to be quickly
changing. On June 13, 2011 a bankruptcy court in Los Angeles,
California decided that DOMA was unconstitutional and that a same
sex couple may in fact file a joint bankruptcy petition. the
case, in re Gene Douglas Balas
and Carols A. Moraleswas resulted in a 24 page strongly worded
decision that was signed by 20 judges.
In addition, last year a Boston court
ruled that DOMA was unconstitutional due to a violation of equal
protection guarantees. also, two other bankruptcy judges have
rejected attempts to dismiss same sex bankruptcy filings without
adressing the constitutionality of DOMA.
There have been other recent courts
deciding that same sex couples don't have the legal right to file
joint bankruptcy petitions due to DOMA.
With same sex marriage currently legal in
five states and Canada, and gaining ground throughout the United
States there will be more and more gay and lesbian couples filing
joint bankruptcy petitions in the coming months and years.
this topic will certainly be addressed by future courts. Keep
tune for further developments.