New Jersey is one state that recognizes civil unions for same-sex couples. Six other states, however, recognize the legality of same-sex marriage and two more are prepared to do so pending possible ballot referendums this fall. The national debate over same-sex marriage has been increasing in intensity in recent years, including such issues as the right of same-sex couples to marry, to divorce and to obtain spousal benefits.

That debate reached a major milestone this week, when the U.S. Court of Appeals for the 1st Circuit declared a key provision of the Defense of Marriage Act unconstitutional. Other federal courts have also said that DOMA violates the Constitution, but this week’s ruling opens the way for the matter to be heard by the Supreme Court, whose decision, if the Court decides to take the case, could have a profound effect on the many aspects of marriage and divorce for same-sex couples.

The court’s decision dealt with a challenge to one aspect of DOMA. The challenged provision allows the federal government to preclude legally married same-sex couples from receiving various benefits, including those related to pensions, taxes and health plans. DOMA contains other provisions which the court’s ruling did not address because they were outside the scope of the issue presented to the court.

For example, the ruling did not touch on a section of DOMA that permits states to refuse to accept the validity of same-sex marriages that took place in states where they are legal. In addition, the ruling is not immediate in its effect. The granting of benefits to same-sex couples will be stayed until the Supreme Court hears the case.

Source: CNN.com, “Federal court strikes down key part of federal law banning same-sex marriage,” Bill Mears, May 31, 2012.