Several bankruptcy courts and, now, the bankruptcy court in the Central District of California have ruled that same-sex married couples can file bankruptcy jointly, regardless of the Defense of Marriage Act (DOMA.) The opinion in the California case, In re Gene Douglas Balas and Carlos A. Morales, was filed June 13, 2011.
Defense of Marriage Act
DOMA is a federal law with defines marriage as a union between one man and one woman. Its constitutionality is being questioned by Americans, courts, and state governments across the United States, as violating equal rights guaranteed under the Fifth Amendment of the U.S. Constitution.
With the success of New York’s new gay marriage laws, effective June 24, 2011, other states are likely to follow suit, authorizing gay marriage or at least recognizing gay marriages from other states.
No Joint Bankruptcy Petitions for Same-Sex Married Couples in Ohio, Presently
Currently, Ohio does not recognize gay marriage and it is banned by Ohio’s constitution.
So, at the present time because of DOMA and Ohio’s state constitution, same-sex married couples (e.g. those married in New York, Iowa, Massachusetts, New Hampshire, Connecticut, Vermont, Washington, D.C. or the grounds of the Coquille Indian Tribe in Oregon) cannot file a joint bankruptcy petition in Ohio.
Why the Opinion in the California Case, In re Gene Douglas Balas and Carlos A. Morales is Significant Even for Ohio Residents
We mention this California case because 20 out of the 24 bankruptcy judges in that district signed the court’s opinion. This is unprecedented. After full analysis, their opinion concludes that DOMA does indeed violate the equal protection clause of the Fifth Amendment. The dismissal of the Balas – Morales bankruptcy petition was denied and they, a married same-sex couple, may file a joint bankruptcy petition.
Where do I get help filing Bankruptcy?
In our present economy, there are approximately 1,400,000 filed each year. You are not alone.
Even though same-sex marriages are not presently federally recognized nor recognized in the state of Ohio, we can still help GLBT individuals file bankruptcy.
Bankruptcy is a very specialized area of law; be sure your attorney focuses his or her practice on bankruptcy and helping people like you. We focus our practice on bankruptcy law and help people just like you. You can reach us at 513-793-6555 or Thomasjr@geygan.com.
We will gently walk you through the bankruptcy process, answer your questions, analyze your case, and aggressively fight for your legal rights. We look forward to your call or email.
