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Well, the principal issue that’s up in the air is whether there’s a fundamental constitutional right to be married to your same-sex partner, even if you live in a state that doesn’t recognize it. And so we’re waiting for the next round of Supreme Court decisions to decide that issue.
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New York tax and estate planning attorney Carlyn McCaffrey of McDermott Will & Emery explains how Windsor did not solve the question of the fundamental constitutional right to be married to a same-sex partner.