As part of the Department of Justice's broader efforts to expand federal privileges and protections to married same-sex couples following the Supreme Court's landmark decision declaring portions of the Defense of Marriage Act unconstitutional, the United States Trustee Program recently offered guidance on the expanded meanings of the terms "marriage," "spouse," and "husband and wife," as they are used in the United States Bankruptcy Code and the Federal Rules of Bankruptcy Procedure.
Specifically, the United States Trustee Program advised that it will interpret these terms to refer to individuals lawfully married under any state law, including same-sex couples who were legally married in a state that recognizes same-sex marriages, but who are domiciled in a state that does not. The United States Trustee Program's position does not, however, include formal relationships recognized by a state that are not characterized as marriage under state law, such as domestic partnerships and civil unions.
Specifically, the United States Trustee Program advised that it will interpret these terms to refer to individuals lawfully married under any state law, including same-sex couples who were legally married in a state that recognizes same-sex marriages, but who are domiciled in a state that does not. The United States Trustee Program's position does not, however, include formal relationships recognized by a state that are not characterized as marriage under state law, such as domestic partnerships and civil unions.
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