Home > Legal, LGBT News > Justice Dept Won’t Fight Joint Bankruptcy for Same-Sex Marriage Bankruptcy

Justice Dept Won’t Fight Joint Bankruptcy for Same-Sex Marriage Bankruptcy

July 11, 2011
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(San Francisco) Federal officials no longer plan to contest joint bankruptcy pleadings brought by legally married same-sex couples, a Department of Justice spokeswoman said Friday.

The Obama administration’s recent position is that the federal law forbidding government recognition of same-sex unions is unconstitutional. Justice Department spokeswoman Tracy Schmaler said government lawyers decided this week that letting gay and lesbian couples jointly petition for bankruptcy protection is consistent with that stance.

“The Department of Justice has informed bankruptcy courts that it will no longer seek dismissal of bankruptcy petitions filed jointly by same-sex debtors who are married under state law,” Schmaler said.

The shift stems from a case involving two California men who got married when it was briefly legal in 2008 before the state’s voters passed a constitutional amendment banning same-sex marriages.

via Feds won’t fight bankruptcy by married gay couples | News Story on 365gay.com.

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