Same-Sex Marriage To Become Law In D.C.

MICHELE NORRIS, host:

Tomorrow, gay couples here in the nation's capital are expected to turn out in large numbers at D.C.'s marriage bureau as a bill legalizing same-sex marriage takes effect. Barring any last minute challenges, Washington, D.C. will join Massachusetts, Connecticut, Iowa, Vermont and New Hampshire as places where gay couples can get a marriage license.

But we wondered what legal benefits does a state marriage license give same-sex couples when the federal Defense of Marriage Act defines marriage as a union between a man and a woman.

Michele Zavos is a family lawyer who's worked with the gay, lesbian, bisexual and transgender community in the D.C. area for 30 years. She says there are about 1,200 federal benefits that gay couples still won't have access to even if they are legally married. Among them, exemption from federal and state taxes, pension rights, and social security.

Ms. MICHELE ZAVOS (Lawyer): My partner and I have been together for over 16 years, but if I get hit by the bus tomorrow, she has no access to my social security. If she was a man she would.

No federal benefits at this point will be available to them because the federal government does not recognize same-sex marriages at this point. However, in the District of Columbia, there are 400 plus benefits that are available to married couples that are not available to unmarried couples. And in Maryland, we're also talking about hundreds of benefits, should those marriages be recognized in Maryland.

NORRIS: So, Michele, what would you say to someone who - looking at this and seeing that they have benefits on one hand, but they don't get any benefits from the federal government and ask, why would I get married?

Ms. ZAVOS: Well, I think there are sort of two things to look at it. One, of course, is the emotional aspect and for many people, the emotional aspect is the primary consideration. From a legal perspective, I do think that there are certain benefits that one will get, there are certain benefits one may get and there are certain benefits in the future that one will get.

Historically, marriage has been a creature of the states. And every state has its own definition of marriage. For example, in some states you can get married at 14, in other states you have to be 18. So, the Defense of Marriage Act on the federal level is what is saying that the federal government will not recognize these same sex marriages and will tell each state that it doesn't have to recognize marriages from another state.

I think those are subjects for litigation. There's already a case up in Massachusetts to say that the federal government's Defense of Marriage Act is adversely impacting the same-sex couples who have been married in Massachusetts and who are Massachusetts residents.

NORRIS: Help me understand that.

Ms. ZAVOS: Well, as you know, Massachusetts has same-sex marriage. Many Massachusetts residents who are same-sex couples have gotten married. Those same couples have been denied federal benefits. So the attorney general of Massachusetts is suing the federal government, essentially saying that the federal government is treating Massachusetts citizens differently based on what type of marriage they have. That's in litigation. It's going to be interesting to see how that plays out. Obviously, if it's successful, that's going to have a huge impact on the federal government and the federal government's requirements to give the same benefits to all married people.

NORRIS: Michele Zavos, thank you very much for coming in.

Ms. ZAVOS: Thank you.

NORRIS: Michele Zavos is a family law attorney based in Silver Spring, Maryland. Transcript provided by NPR, Copyright National Public Radio.