From what I can tell, the struggle for overturning DOMA isn't over...

[Humanist_Activist]

From the articles I read, the Supreme Court overturned the provision that forbade the federal government from recognizing same sex marriages, so now all married couples can receive all federal benefits and penalties, regardless of the sex of the spouses in the marriage.

However, other provisions are still in effect, namely the one that allows states to not recognize same sex marriages that are performed in other states, the one that is unconstitutional in fact, if not in law yet, due to the "full faith and equal credit" clause of the Federal Constitution.

It seems to me that this is the next battlefront, and one that is sorely needed, for it affects state benefits, and may affect federal benefits if you move to a different state that doesn't recognize same sex marriages.

[frazzled]

1. Exactly, and the failing to rule on the merits in the Prop 8 case did the same

A ruling on the merits in that case--if it had gone our way (which I guess was not certain), would have had a huge impact on the 37 states that don't permit same-sex marriages, not just California.

At this point, all I can say is that if you were married in Masssachusetts or Connecticut or Iowa or Minnesota ... don't move to Mississippi or Arizona if you can help it.

[Humanist_Activist]

3. I do wonder if the majority opinion of the court in the DOMA case makes sexual orientation...

a federally protected class now. It seems to argue that way, and the wording of it can be important in other discrimination cases in the future, including one overturning the rest of DOMA. The reason this case was narrow was because it only dealt with the provision on federal recognition, not on state recognition.

[DURHAM D]

2. I believe it is more narrow than you think.

Couples living in states that do not recognize or have same sex marriage will still not be receiving federal benefits.

iows today's decision is a great thing for LGBTers in 12 states and DC.

[Humanist_Activist]

5. That, I think, is something no one is sure of now...

If a same sex couple get married in Iowa, then move to Missouri, their marriage would have been federally recognized in Iowa, I don't know if there's a way for it to lose recognition from the federal government just because they moved to Missouri. It may only affect state benefits in this case. But, regardless of the actual outcome, let's hope that the rest of DOMA falls soon.

[rbixby]

4. The thing is though....

this law was set up without a severability clause, so the law either stands on all of its merits, or it stands on none at all. Without the severibility clause, striking down one part of the law strikes down the entire thing.

[Humanist_Activist]

6. Not sure if that's true, if it is, then its an even bigger victory than is possible. n/t

[DURHAM D]

7. Conversation in progress here re: severability clause

http://www.democraticunderground.com/113728264