AG Expands Fed Same-Sex Bennnies

"... We come together this evening at an exciting moment in history – one that is defined by challenge as well as opportunity. As President Obama has said, “The laws of our land are catching up to the fundamental truth that millions of Americans hold in our hearts: that when all Americans are treated as equal…we are all more free.

Tonight, I am proud to announce that the Justice Department is taking additional steps to further advance this “fundamental truth” – and to give real meaning to the Windsor decision. On Monday, I will issue a new policy memorandum that will – for the first time in history – formally instruct all Justice Department employees to give lawful same-sex marriages full and equal recognition, to the greatest extent possible under the law.

This means that, in every courthouse, in every proceeding, and in every place where a member of the Department of Justice stands on behalf of the United States – they will strive to ensure that same-sex marriages receive the same privileges, protections, and rights as opposite-sex marriages under federal law. And this policy has important, real-world implications for same-sex married couples that interact with the criminal justice system. For instance, as a result of this policy:

• The Department will recognize that same-sex spouses of individuals involved in civil and criminal cases should have the same legal rights as all other married couples – including the right to decline to give testimony that might violate the marital privilege. Under this policy, even in states where same-sex marriages are not recognized, the federal government will not use state views as a basis to object to someone in a same-sex marriage invoking this right.

• In bankruptcy cases, the United States Trustee Program will take the position that same-sex married couples should be treated in the same manner as opposite-sex married couples. This means that, among other things, same-sex married couples should be eligible to file for bankruptcy jointly, that certain debts to same-sex spouses or former spouses should be excepted from discharge, and that domestic support obligations should include debts, such as alimony, owed to a former same-sex spouse.

• Federal inmates in same-sex marriages will also be entitled to the same rights and privileges as inmates in opposite-sex marriages. This includes visitation by a spouse, inmate furloughs to be present during a crisis involving a spouse, escorted trips to attend a spouse’s funeral, correspondence with a spouse, and compassionate release or reduction in sentence based on the incapacitation of an inmate’s spouse ..."

US Attorney General Eric Holder, February 10, 2014; Remarks at the Human Rights Campaign Greater New York Gala.

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