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DEFENSE OF MARRIAGE ACT OVERTURNED

What does the Supreme Court’s 5-4 decision declaring DOMA unconstitutional mean to Illinois same-sex couples?

Well, while a great moral victory and as portents for the future, a great deal; in the immediate material sense – not much. Why? Because it affects only same-sex couples who are legally married and/or reside in a state that permits same-sex couples to be married.

As Illinois allows only civil unions, most of the benefits of the ruling are not yet available here, with perhaps one exception. Upon the death of one member of a civil union, the Illinois estate tax law does allow the same marital deduction as is available to heterosexual married couples.

About Alan Sohn

Alan E. Sohn received his Juris Doctorate from the College of Law of the University of Illinois. Mr. Sohn has been a partner in both large and smaller law firms and for the past 21 years has been in private practice. Mr. Sohn is admitted to practice law by the Illinois Supreme Court, the Trial Bar of the United States District Court for the Northern District of Illinois, Seventh Circuit Court of Appeals and the United States Supreme Court. He is also a member of the Chicago Estate Planning Council and the Illinois State Bar Association.

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