Married same-sex couples : religious objection, social security and tax treatment issues / Gary Daniels, editor.

Format:

Book

Contributor:

Daniels, Gary, editor.

Series:

Family issues in the 21st century series.

Family Issues in the 21st Century

Language:

English

Subjects (All):

Same-sex marriage--Law and legislation--United States.

Same-sex marriage.

Physical Description:

1 online resource (142 p.)

Place of Publication:

New York : Noviska, 2016.

Summary:

The U.S. Supreme Court's highly anticipated decision in Obergefell v. Hodges recognized federal constitutional protection for same-sex marriage.1 Although on its face the case addressed only whether states must issue marriage licenses to same-sex couples and recognize marriages legally formed in other states, Obergefell has implicated a number of other legal rights, particularly those related to religious exercise and civil rights. Some religious doctrines include objections to same-sex marriage, leading to questions about the extent to which individuals, businesses, or religious institutions that share such objections must recognize or accommodate couples in same-sex marriages. Because federal law includes both constitutional and statutory protections for religious beliefs that may involve such conflicts, the manner in which these protections may intersect with constitutional protection of same-sex marriage can become complicated. This book analyzes a range of legal issues for which Obergefell has implications. Moreover, this book addresses eligibility for Social Security spousal benefits for individuals in a same-sex marriage; addresses a number of frequently asked questions regarding the eligibility of same-sex couples for Social Security benefits and the interpretation of state marriage laws; provides an overview of the federal tax treatment of same-sex married couples, with a focus on the federal income tax; and provides background on, and analysis of, significant legal issues raised by the Supreme Court's decision in Obergefell.

Contents:

MARRIED SAME-SEX COUPLES: RELIGIOUS OBJECTION, SOCIAL SECURITY AND TAX TREATMENT ISSUES; MARRIED SAME-SEX COUPLES: RELIGIOUS OBJECTION, SOCIAL SECURITY AND TAX TREATMENT ISSUES; Library of Congress Cataloging-in-Publication Data; CONTENTS; PREFACE; Chapter 1: RECOGNITION OF SAME-SEX MARRIAGE: IMPLICATIONS FOR RELIGIOUS OBJECTIONS*; SUMMARY; OBERGEFELL V. HODGES: FEDERAL CONSTITUTIONAL RECOGNITION OF SAME-SEX MARRIAGE; BACKGROUND: CURRENT RELIGIOUS FREEDOM PROTECTIONS GENERALLY; LEGAL PROTECTIONS FOR MARRIAGE OFFICIANTS; Religious Ceremonies; Civil Ceremonies

Objections to Issuing Same-Sex Marriage Licenses by State OfficialsProtection of Civil Employees' Religious Beliefs; Statutory Exemption Available to Employees with Religious Objections to Same-Sex Marriage; Potential Conscience Protections in Programs Receiving Federal Funds; CIVIL RIGHTS CONCERNS OF SAME-SEX COUPLES AND ENTITIES WITH RELIGIOUS OBJECTIONS; Balancing the First Amendment with Nondiscrimination Laws under Supreme Court Jurisprudence; Religious Objections to Civil Rights of Same-Sex Couples

Implications of Hobby Lobby and the Applicability of RFRA Protection for Businesses with Religious ObjectionsRELIGIOUSLY AFFILIATED SOCIAL SERVICE PROVIDERS' PARTICIPATION IN PUBLICLY FUNDED PROGRAMS; Role of Religious Providers and Federal Funding in Adoption and Foster Care Services; Considerations for Potential Conditions on Funding That Involves Same-Sex Couples; Adopting Faith-Based Funding Rules Related to Adoption and Foster Services Funding; Conscience Clause Protections Related to Adoption and Foster Care; Availability of Alternative Service Providers

POTENTIAL EFFECTS FOR TAX-EXEMPT STATUSFirst Amendment's Religious Clauses; Illegality Doctrine; Illegality Doctrine's Application in the Context of Same-Sex Marriage; Application to Specific Organizations: Substantiality Requirement; Implications for Congress; End Notes; Chapter 2: SOCIAL SECURITY AND SAME-SEX MARRIAGE: POST OBERGEFELL V. HODGES*; SUMMARY; OVERVIEW OF SOCIAL SECURITY; A Worker's Eligibility for Benefits; Amount of Benefits Received; Family Member Eligibility for Benefits; Social Security Act's Determination of Family Status; SOCIAL SECURITY AND SAME-SEX MARRIAGE

Social Security Eligibility After United States v. WindsorSocial Security Eligibility After Obergefell v. Hodges; SSA's Response to Obergefell; APPENDIX. SOCIAL SECURITY BENEFITS PAYABLE TOFAMILY MEMBERS BASED ON A WORKER'S RECORD; End Notes; Chapter 3: SOCIAL SECURITY AND SAME-SEX MARRIAGE: FREQUENTLY ASKED QUESTIONS*; SUMMARY; OVERVIEW OF SOCIAL SECURITY; What Is Social Security?; How Does A Worker Become Eligible for Benefits?; How Much Does A Worker Receive in Benefits?; How Does a Family Member Become Eligible for Benefits?; How Much Does a Family Member Receive in Benefits?

SSA'S CURRENT POLICY FOR CLAIMS AFFECTED BY A SAME-SEX MARRIAGE

Notes:

Includes index.

Description based on print version record.

ISBN:

1-63485-486-1