US: Federal privileges to extend to same-sex couples

[JURIST] US Attorney General Eric Holder announced on Saturday that the federal government plans to give married same-sex couples the same benefits as heterosexual couples when filing for bankruptcy, testifying in court or visiting family members in prison. These benefits would allow same-sex couples to be covered by spousal privilege in criminal investigations, wherein one spouse cannot be forced to testify against the other. Same-sex couples would also receive visitation rights in prison, and could be allowed escorted leave to attend a spouse's funeral. "In every courthouse, in every proceeding and in every place where a member of the Department of Justice stands on behalf of the United States, they will strive to ensure that same-sex marriages receive the same privileges, protections and rights as opposite-sex marriages," Holder stated in his speech before members of the Human Rights Campaign (HRC).

Additionally, the federal government will recognize same-sex couples for programs such as the Radiation Exposure Compensation Program and the September 11th Victim Compensation Fund. Holder states that this new policy memorandum will be issued on Monday.

The federal government has recently made many changes in recognizing the rights of legal same-sex marriages, largely in response to the US Supreme Court's ruling in US v. Windsor. While the Windsor decision did not create a constitutional right to same-sex marriage, it does entitle couples in lawfully recognized same-sex marriages to certain federal benefits. The US Department of Education announced in December that for the purposes of applying for and receiving federal student financial aid, the federal government will now recognize all legal same-sex marriages. On the same day as this announcement, the US Customs and Border Protection said it will expand the definition of "members of a family residing in a household" to include same-sex couples and other domestic relationships so as to facilitate the declarations process. In September the US Department of Labor issued guidance explaining that all legally married same-sex spouses in the US can participate in employee benefit plans overseen by the Employee Benefits Security Administration. Earlier in September the US Department of Justice announced that it will no longer enforce a federal law that denies same-sex spouses veterans benefits. In August the US Treasury Department announced that it, along with the Internal Revenue Service (IRS), will recognize marriages of all same-sex couples for federal tax purposes. 

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