Same Sex Marriage On the Cusp: Remaining Issues of Non-recognition and Guesses about the Future
* Professor Amy Morriss Hess, University of Tennessee
* William P. LaPiana, Rita and Joesph Solomon Professor of Willis, Trusts, and Estates and Director of Estate Planning Studies Graduate Tax Program, New York Law Law School
* Lee-Ford Tritt, Professor of Law; Director, Center for Estate Planning, Director, Estates & Trusts Practice Certificate Program; and Associate Director, Center on Children and Families, Levin College of Law, University of Florida
This program will deal with a number of important recent developments for those who advise and plan for same-sex couples. The speakers will then discuss several questions that remain and attempt to predict their most likely answers.
The speakers’ first topic will be geography: where same-sex marriage is and is not legally possible and the meaning of the cases to be argued before the United States Supreme Court this spring. Next, Professors LaPiana and Tritt will address the state of federal recognition of the marriages of same-sex couples—which agencies use a place of celebration standard and which use a place of residence standard, with special emphasis on the latest regulations dealing with the Federal Medical Leave Act (“FMLA”) and the Social Security Administration’s recognition of marriage equivalents that give inheritance rights. Finally, the speakers will outline the transition issues will have to be faced in those states where same-sex marriage is still illegal, assuming that the result of this spring’s litigation before the Supreme Court is nationwide recognition.