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Sacramento Couple Excited To See DOMA Section Removed

SACRAMENTO (CBS13) — A Sacramento couple was one of thousands of gay couples across the country celebrating the Supreme Court's ruling that struck down a portion of the Defense Of Marriage Act.

October 31, 2008: Just days before Proposition 8 passed in California, Gina and Kathleen Melton got their marriage license. Five years later, they're celebrating big changes for their family.

Until that ruling yesterday, the couple had to claim each other as domestic partners, because the federal government didn't recognize their marriage.

"In their eyes, I wasn't a spouse, and they weren' her children," said Kathleen Melton.

They now feel there's more protection for their kids.

"If something happened to me, she has more rights now as far as custody."

Before, custody would fall to the children's dad. Now Gina will be recognized legally as a stepparent.

Even though Gina was raising the children with Kathleen, she couldn't claim the kids on her taxes.

"She claimed one of the kids as her stepchild and we were audited, because they don't recognize our marriage license," Kathleen said.

For the first time, the couple will be able to file joint tax returns. And they'll be able to enjoy the benefits they wish they had for the past five years.

In 2008, they jumped at the chance to get married. Now, they plan on having another ceremony—one that will include their children.

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