But those headlines proclaiming that the federal marriage law has been overturned are going a bit too far in their analysis. While it is true that the heart of the provision has been ruled unconstitutional, some parts of DOMA still stand. Policy Mic
has more:
Section 2, which was not considered by the Supreme Court in the Windsor case, declares that states and territories of the United States have the right to deny recognition of same-sex marriages that originated in other states or territories.
Same-sex couples face several major problems that arise from Section 2 of DOMA. If a same-sex couple is married in Vermont, for example, and moves to Pennsylvania, their marriage is no longer valid.
Sec. 2 reads, “No State, territory, or possession of the United States, or Indian tribe, shall be required to give effect to any public act, record, or judicial proceeding of any other State, territory, possession, or tribe respecting a relationship between persons of the same sex that is treated as a marriage under the laws of such other State, territory, possession, or tribe, or a right or claim arising from such relationship.”
Consider that a gay couple marries in New York, but then moves to a state where same-sex unions aren’t legal. Their marriage would then essentially (and potentially) not be legally recognized.
Clearly, there’s still much to be hashed out on the gay marriage front. Considering that the Supreme Court didn’t tackle this portion of the bill, it’s likely that another challenge could unfold down the road. The issue — which, like the DOMA marriage definition mandate that was overturned — involves states’ rights, is sure to carry with it a great deal of controversy.
