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Gay Marriage Ruling Poses Tax, Benefits Challenges

Legislature Has 180 Days To Act On High Court's Ruling

POSTED: 5:46 pm EST November 19, 2003
UPDATED: 6:03 pm EST November 19, 2003

While supporters of gay marriage are still celebrating Tuesday's historic ruling, there are still many challenges ahead and legal issues to sort out.

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NewsCenter 5's Kelley Tuthill reported that when it comes to benefits, same-sex couples might not have the same rights as husband and wife.

The seven couples who won a major legal battle Tuesday hope for a less complicated future.

"We never have to worry again about going to the hospital, negotiating our way through hospital teams and recovery. Now, we can protect ourselves through marriage," plaintiff David Wilson said.

Massachusetts companies have six months to interpret the ruling and change employee handbooks.

"I think it will have a major impact on employee benefits. If you look at this simply, any policy, manual, procedure, rule that says spouse, that term spouse is now going to include those of the same sex," Greenberg Traurig spokesman Alfred Gray said.

But legal experts point out that it's not that simple.

"Many employee benefit programs that companies in Massachusetts offer are regulated by federal law, not Massachusetts law. Federal law defines marriage as a union of man and woman," Nutter McClenne and Fish spokesman Robert Webb said.

Federally regulated benefits include 401 K plans and Social Security. Income taxes will present an unusual situation. Married gay and lesbian couples will see advantages in Massachusetts.

"It sets up parallel systems, so same-sex couples would have certain benefits under state taxes, but cannot file jointly under federal tax law. One would be filing a joint income tax return in the state that they cannot do at a federal (level.) To that extent, it will complicate things," Lawyers Weekly In-House spokesman Paul Boynton said. "I think (the) next frontier on legal front would be a federal lawsuit challenging constitutionality of (the) federal defense of marriage act (cap whatever is part of proper name there) . The argument would be that federal law is discriminatory against same-sex couples on equal protection and due process basis."

Several of the experts say that some companies may reconsider domestic partner benefits in light of the court ruling.

They have traditionally been offered because gay and lesbians could not marry.

Companies may decide not to offer such benefits when this ruling goes into effect.

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