Politics & Government

How Are Florida's Gay Couples Affected by DOMA Ruling?

Although the U.S. Supreme Court struck down the Defense of Marriage Act, the benefits to gay couples in Florida is unclear, as the state constitution bans same-sex unions.

The Tampa Bay Times checked in with some legal experts on how the federal ruling will impact the Sunshine State. The lack of clarity in areas such as Social Security and Medicare may cause gay couples to leave Florida to gain benefits elsewhere, some legal experts say.

Here's a quick summary:

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Income tax: Although same sex couples should not rush to file joint tax returns, as the IRS considers a couple's state of residence when filing, rules may relax in the near future. 

Social Security: The Social Security Administration considers a couple's home state when determining benefits. So Florida's gay couples may not be recognized when it comes to receiving Social Security benefits, at least for now.

Find out what's happening in Gulfportwith free, real-time updates from Patch.

Immigration: People who legally marry citizens of other counties may get green cards and other benefits for their spouses in Florida and across the country. Whether those benefits will extend to civil unions is another question that is still unanswered.

Military spouses: If the military recognizes a spouse, the state laws where the couple resides do not supersede. The story for military veterans may be different and likely will be decided in the courts.

Medicare/Medicaid: Gay couples who married in another state cannot tap these federal health benefits in Florida. If the couple started receiving the benefits before moving to Florida, they may continue to get them.

To read the complete story, see Mixed Benefits of DOMA Decision in Florida.


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