This morning, the United States Supreme Court struck down part of the federal Defense of Marriage Act, allowing homosexual couples to obtain the same federal benefits as heterosexual couples. So, is DOMA dead? Not yet.
The biggest question about DOMA remains: does a state have to give full faith and credit to a homosexual marriage in another state. As the legislation currently stands, the answer is no.
Section 2 of DOMA says that states he the choice of whether to recognize gay marriages performed in other states (Texas does not recognize gay marriages). However, Section 2 of DOMA, was not brought before the Supreme Court, so this particular issue remains undecided. What’s the impact?
Get ready for the fireworks! If you can be assured of one thing, it is that both sides of this issue will look for opportunities to bring it before the Supreme Court in a balancing act of “states rights” vs. “full faith and credit”.