Marriage is an old institution that has been around for thousands of years and was generally a contractual endeavor to build wealth. Marriage in modern times is no different because couples purchase a home or other real estate, have joint bank accounts, and procure life insurance policies. However, the financial benefits of marriage have been tricky and almost nonexistent for once sector of the population: the gay community. A lot of states do not allow even civil unions that would afford couples the financial benefits that straight, married couples have enjoyed. Only 13 states acknowledge marriage for gay and lesbian couples and there are many more enthralled in legal battles to make that happen since before and after the abolishing of DOMA. When a gay couple purchases a home or life insurance, they have to create additional legal documents to ensure the property goes to their partner. If one partner gets sick, they have to create a Power of Attorney (POA) to make their wishes known to the families because the partner has no legal right to make decisions in cases of incapacitation. Interestingly enough, things have not changed much for one couple with the abolition of DOMA.

Jimmy and CJ

Jimmy Lee Beard and CJ Oliver have been in a committed relationship for seven years and at no point in time did they think they would be allowed to marry. For Jimmy, DOMA goes back to when he first came out to his Mother (now deceased) and she said “I’m glad you know now.” Jimmy relates she and the rest of the family knew for a long time. However, Jimmy said she made him promise not to marry a man. He laughs at it now because his idea of marriage was never between two men because he came from a traditional Catholic family. CJ has a different take on gay marriage. CJ is retired military and he was enlisted during the time of ‘Don’t Ask, Don’t Tell’. Even though CJ knew he was gay, he committed to the traditional definition of marriage with a woman who yielded a son. He never thought he could acknowledge his orientation and find a partner for life let alone marry again. For Jimmy and CJ, it is more about commitment than marriage. Jimmy said, “There are worse things than death and there are bigger things than marriage.” According to them they are vested in this relationship. Their health and their children are more important than the idea of marriage. Jimmy says, “Marriage is secondary; commitment is first.” Jimmy and CJ are not your wave-a-flag-kind-of-gay-rights-couple. CJ says, “We go to ‘Pride’  but we don’t march in the parades.” Jimmy still does not think marriage equality will happen as long as they reside in Texas. He says, “Texas is number 50 when it comes to gay marriage. If you receive an invitation to my wedding it’s because Texas has come to its senses or I no longer reside in Texas!” Jimmy may be right. Texas State Representative Dan Branch, a 2014 candidate for Texas Attorney General, filed a brief with the state supreme court to defend the state law that mirrors DOMA. Rep. Branch maintains it is the duty of the Texas Attorney General to defend the sovereign rights and laws of Texas. Jimmy and CJ both acknowledge marriage is a “pie in the sky” concept that in spite of the DOMA being gone will not happen for them anyway soon and the financial burdens have not changed.

 On a Single Note

However, DOMA just didn’t affect couples. Some single gays never committed to a relationship according to Scott Lackey, “because there was no incentive to shack up.” He wanted to be in a monogamous relationship prior to DOMA being struck down, but felt it was harder to accomplish this. The lack of structure according to Scott caused many gay men typically not to have long-term relationships. He says, “It has been detrimental for gays.” Aside from the financial aspects of gay marriage and civil unions, Scott says, “You have to make compromises, be flexible, and without the marriage institution, gay men are more hedonistic.” Scott noted as soon as the news got out that DOMA was gone, gays who didn’t previously care much about marriage, suddenly got engaged.  He thinks this is a knee-jerk reaction because if you were not commitment minded before, being able to get married now isn’t going to change that. Scott thinks a lot of divorce is on the horizon.

Financial Aspects of DOMA

Since Texas still doesn’t recognize gay marriage or civil unions between same-sex couples, DOMA doesn’t apply for them financially. Like a lot of gay and lesbian couples, Jimmy and CJ  have had to consult attorney’s to make wills and other financial documents to ensure their joint assets are distributed to each other when death comes knocking at their door. By law, CJ’s son would be entitled to all of his assets and Jimmy Lee would be left out. By putting their intentions in writing, Jimmy and CJ have protected their property and money from lengthy litigation. CJ also pointed out that Jimmy is not entitled to his military benefits either because there is no federally mandated civil union law. For couples in states that do recognize unions between same-sex couples, CNN reports it is a financial win for many of them. Married same-sex couples will now be entitled to benefits previously denied to them.  Same-sex couples will now be able to file joint Federal tax returns. This is good for couples where one person earns more than the other. Jimmy and CJ still have to file separately and each one still may be subject to the gift tax imposed on inheritances. In cases of divorce, determining where the couple can file has become the new question. Forbes Magazine pointed out in an article titled “Same-Sex Couples After DOMA” that it is unclear what will happen if a couple moves to a state, such as Texas, that denies a gay marriage. Forbes suggested it will depend on how the IRS defines marriage. Will it be based on the couple’s residence or the ceremony place. Although, Jimmy Lee and CJ acknowledge the benefits, they are still wary of the long-term implications. In Texas, on paper, Jimmy and CJ are still two single guys sharing a house in spite of them being in a committed relationship.

Sources:

Forbes Magazine

CNN

Texas Tribune

Wikipedia

Jimmy Lee Beard and CJ Oliver

Scott Lackey