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Even before the Justice Department arrived at its position this week, another bankruptcy trustee in San already had cited the administration’s decision to stop defending the Defense of Marriage Act in a request to withdraw her opposition to the bankruptcy pleading of another married couple. The department’s change in policy already has provided the basis for the government to drop its opposition to an attempt by a same-sex couple to seek joint bankruptcy protection in New York state. “By having the department change its policy nationwide in response to and Carlos’ case, we basiy accomplished what it would normally take a Supreme Court ruling to achieve,” Pfister, a lawyer for the Los couple. Balas, 42, a freelance economics writer, and Morales, 46, a graphic designer, said Friday that having the government recognize their marriage for purposes of declaring bankruptcy has practical and profound implications. They not have to pay extra court fees to file separate petitions, nor go through the exhausting task of trying to untangle their financial lives, which include joint bank accounts, joint debts and jointly owned real estate. He said, however, that as as the Defense of Marriage Act and state-level same-sex marriage bans remain in effect, he and his husband are not truly equal. When he was considering taking a job in another state, for instance, he had to consider if their marriage would be recognized for purposes of taxes, hospital visitation, inheritance and other spousal rights. “If you asked an opposite-sex married couple to move to a state where their relationship would be instantly divorced if they moved from say, California, across the border to Arizona, you would how DOMA and the patchwork of state laws created a problem for married same-sex couples such as and myself,” he said. Obama’s stance on DOMA also was cited this week by a federal appeals court in San that ordered the Pentagon to immediately stop enforcing the 29-year-old law that prohibits men, lesbians and bisexuals from serving openly in the armed forces.

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