Department Of Education Issues “Dear Colleague” Letter Regarding DOMA And Title IV Programs

In a “Dear Colleague” letter released late last week, the Department of Education (ED) provided guidance on the impact of United States v. Windsor, the Supreme Court’s recent decision on same-sex marriages, as it related to federal student aid. From the letter:

For purposes of the Title IV HEA programs, a student or a parent is considered married if the student or parent was legally married in any domestic or foreign jurisdiction that recognizes the relationship as a valid marriage, regardless of where the couple resides. The Department is applying a “place of celebration” rule and, accordingly, has determined that any legal marriage that is recognized by the jurisdiction in which the marriage was celebrated will be recognized for Title IV HEA program purposes.

To read the full letter, click here.