Constitutional Law

Bankruptcy Court Says Same-Sex Married Couple Can File Jointly Despite DOMA Prohibition


A federal statute barring recognition of same-sex marriage can’t prevent a legally wed same-sex couple from jointly filing for bankruptcy, a group of 20 judges in California has decided.

The ruling by the U.S. Bankruptcy Court in Los Angeles yesterday found that two men who had married in California before the controversial Proposition 8 ban went into effect could not be denied their constitutional due-process right to file together by the federal Defense of Marriage Act, reports Bloomberg.

“This case is about equality, regardless of gender or sexual orientation,” says the written opinion in the case, which the article says was signed by 20 bankruptcy judges. “In this court’s judgment, no legally married couple should be entitled to fewer bankruptcy rights than any other legally married couple.”

An Associated Press article provides further details.

Updated at 6:46 p.m. to link to AP article.

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