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The purpose of this guidance is to advise ACL grantees of the Federal government’s policy regarding same-sex marriages, in light of the Supreme Court’s ruling in United States v. Windsor, 133 S. Ct. 2675 (2013).
Thus, ACL programs should recognize as family members individuals of the same sex who are lawfully married under the law of a state, territory, or foreign jurisdiction. This policy applies based on the jurisdiction of celebration. In other words, if individuals of the same sex are legally married in any jurisdiction, ACL will recognize the marriage, regardless of whether the individuals are domiciled or reside in a state or territory that does not recognize the marriage. Thus, when this guidance discusses individuals of the same sex who are “legally married,” the intention is to include all legal marriages, regardless of the individuals’ current domicile or residence.