Prop 8 & DOMA Decisions Will Be Handed Down Today — Page 4

theatreguy not sure why that wasn't clear. The shutdown of DOMA makes Prop 8 irrelevant. Federal law precedes state which is why we were pressing for this. Gay marriage has to be treated as marriage in EVERY state by the federal government, state law or no state law.

"There are 30 states with constitutional amendments forbidding gay marriage. Those will be allowed to stand, because of states' rights, but those states MIGHT be forced to honor same-sex marriages from other states. "

They will. States are NOT allowed to create laws that impede federal laws. That's what DOMA did and now it does not exist.

I know by posts were long but if you have time, please reread them.

DOMA is very different from Prop 8. States can still ban gay marriage, it's just that now the federal government must recognize gay marriage in states where it's legal and give them the corresponding benefits.

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Yay! Between this and what went down in Texas last night, there are probably people at my parent's church whose heads are ready to explode. Sorry, you all lose this week.

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States are NOT allowed to create laws that impede federal laws.

Actually, the opposite is also true: The federal government is not allowed to create laws that impede the rights of states as enumerated in the Constitution.

That's why we have three branches of the federal government: each serves as checks on the other two.

This case was about Edie Windsor saying that the federal government couldn't withhold her deceased wife's Social Security and military pension benefits, because their marriage had been recognized by their state.

The Supreme Court decided, on that case alone, that DOMA was unconstitutional.

But those 30 states still have the constitutional right to ban gay marriage.

For now...

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bway and PJ, then I'm VERY confused here. It is quite interesting that a federally recognized gay marriage would not be recognized by a state.

It's it federal law that all marriages have to be recognized by all states?

This is such a great day! Congrats, guys

DOMA section 3 said that the federal government could NOT recognize gay marriages no matter what states said, meaning gay people legally married in states like Massachusetts and New York who had all states' rights and marriage certificates couldn't get federal benefits of marriage like filing taxes jointly to get deduction or other benefits of being a spouse (I outlined them on page 2 here)

Striking section 3 of DOMA down ends this and means the federal government will be in accordance with whatever the state says. If New York says two people are married, for federal purposes, they are. If Nebraska says two people aren't, then for federal purposes, they aren't.

States can do whatever they please.

The prop 8 decision only affects California since the Court ruled they didn't have standing and it gets tossed back to the California district court, which has authority only over California. That ruling struck down prop 8 so gay people can get married in California effective immediately.

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"States can do whatever they please. "

Thanks Bwaydevil. So a gay-married couple, even a bi-national one can move about the union maintaining their "marriage" but not being recongized by a state? Are there instances where they may be "illegal"

HISTORIC DAY!

But I'm a bit confused, as well. What happens if a same-sex couple marries in a state where it's legal, and resides in a state where it's not? Will their marriage be recognized on a federal level, even though they'll be denied state rights.

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Updated On: 6/26/13 at 10:48 AM

So a gay-married couple, even a bi-national one can move about the union maintaining their "marriage" but not being recongized by a state?

That question, from what I can tell, was not answered by the Court (keep in mind this is obviously very complicated and the opinion page is 50+ pages long and friends and I are parsing through it now.)

It appears that only Section 3 was touched, meaning a gay couple can move and not be considered married by the state they move into. It's unclear what the federal government would do then. In all honesty, there will probably be another lawsuit touching this coming down the pipeline in the next few years where a gay couple sues after they get legally married and move to a state that doesn't recognize them.

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There will be soooooo many lawsuits over the next few years.

Will their marriage be recognized on a federal level, even though they'll be denied state rights.

Since it's unclear, it will probably be up to whoever the administration is. I assume Obama will still recognize them federally, which will likely be challenged in courts and could get all the way to the Supreme Court. Keep in mind, as soon as Obama leaves office, enforcement could change and a lawsuit could be filed then as well. This isn't over and there's still a lot to parse.

ETA: Jordan, you're entirely correct re: a huge number of lawsuits. The battle is far from over and this will be in the courts for a long time but what we know today:
- Gay marriage in California has become legal effective immediately
- Gay married couples who live in states that recognize gay marriage will receive federal benefits of marriage.

Any other questions as of today appear unanswered and up to the interpretation of the federal government's executive and legislative branches and as Jordan says, will result in more lawsuits.

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Updated On: 6/26/13 at 10:54 AM