Supreme Court Ruling on Gay Marriage

[Kevin]

Only one part of DOMA was declared unconstitutional, that's the part where the federal government was not allowed to recognize same sex unions even if the states recognized those unions. The opinion tosses the "am I married?" issue squarely in the laps of the states.

Surviving is a part which says that states don't have to honor marriages contracted in other states, so whether a statute like that can survive the equal protection/privileges and immunities clauses is a fight for another day.

[maconmagnolia]

Originally Posted by Kevin

Only one part of DOMA was declared unconstitutional, that's the part where the federal government was not allowed to recognize same sex unions even if the states recognized those unions. The opinion tosses the "am I married?" issue squarely in the laps of the states.

Surviving is a part which says that states don't have to honor marriages contracted in other states, so whether a statute like that can survive the equal protection/privileges and immunities clauses is a fight for another day.

So now if a state recognizes a same-sex union, the federal government has to do so?

Thanks for the information.

[Kevin]

Originally Posted by maconmagnolia

So now if a state recognizes a same-sex union, the federal government has to do so?

Thanks for the information.

Correct. So the 11 or 12 states which have same-sex marriage will now enjoy having their same-sex couples not treated as second-rate citizens by our federal government.

[Psi U MC Vito]

Originally Posted by Kevin

Surviving is a part which says that states don't have to honor marriages contracted in other states, so whether a statute like that can survive the equal protection/privileges and immunities clauses is a fight for another day.

Wouldn't the Full Faith and Credit Clause also be an issue?

[Kevin]

Originally Posted by Psi U MC Vito

Wouldn't the Full Faith and Credit Clause also be an issue?

Yes.

And it was on the tip of my tongue.. or fingers as it were.