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Section 3 of DOMA Ruled Unconstitutional

By Ren'e W. O’Rourke
August 27, 2013

BREAKING NEWS: After we went to press with this issue, the Treasury Department and IRS announced that legally married same-sex couples will be treated as married couples for federal tax purposes. This tax treatment will apply even if a couple lives in a state that does not recognize same-sex marriage so long as they were married in a state that does.

The guidance, stemming from the Supreme Court ruling this summer that overturned the Defense of Marriage Act, says same-sex couples can begin filing tax returns as “married filing jointly” or “married filing separately” for the 2013 tax year.

“Today's ruling provides certainty and clear, coherent tax filing guidance for all legally married same-sex couples nationwide. It provides access to benefits, responsibilities and protections under federal tax law that all Americans deserve,” Treasury Secretary Jack Lew said in a statement.

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