The Defense of Marriage Act and lack of federal marriage rights impact gays and lesbians across the country in so many ways. These range from basic day to day issues to problems and legalities that can be destructive to relationships and lives. There are some 1,049 legal rights and responsibilities conferred with marriage under federal law, and approximately 400 more conveyed by the states. Even in states with legalized gay marriage or civil unions, lack of the ability to legally marry at a federal level penalizes gay families financially and personally. Federal income taxes, social security, inheritance laws, immigration regulations and more are all significant issues integrally connected to legalized federally recognized gay marriage. Some of these rights can be granted by private entities or legal documents, but others cannot.

Some of the most significant of these rights and benefits are largely financial or property rights. Without the protections of legal marriage, couples are not be entitled to survivor’s benefits, pension rights, medicaid, income tax exemptions and deductions and certain veteran’s benefits. In the case of the loss of a partner, inheritance is not automatic and property may be held up in probate even if a will is present or ownership was joint. Couples also lack the rights of legal divorce, including property division laws.

In personal and family terms, without legal marriage rights, adoption and child custody issues are problematic. Child support may not be legally mandated during a break up. Children of the relationship, if not legally adopted or biological, will not be entitled to survivors’ benefits and other rights. Bereavement, maternity and paternity leave, and sick leave are not legally protected outside of marriage. In case of a medical crisis or the death of a partner, marriage confers automatic next of kin status and the right to make all medical and end of life decisions. Immigration law impacts many couples and families. A married citizen can legally sponsor their spouse for legal status or citizenship. Gay couples have no such option and in some cases end up opting to live outside the US or separately.

In the courts, gay individuals may have less protection against domestic violence. Judicial protections and spousal immunity only apply to legal marriages. Wrongful death benefits, including the right to sue, only apply to the legal next of kin.

The full repeal of DOMA and federal recognition of same-sex marriages will allow couples across the country to access federal marriage rights, even if their own states do not support or allow for gay marriages. This offers the potential for equality for all couples and families in terms of both financial and legal rights.