General Discussion
In reply to the discussion: What just happened re: DOMA [View all]"The class to which DOMA directs its restrictions and
restraints are those persons who are joined in same-sex
marriages made lawful by the State. DOMA singles out a
class of persons deemed by a State entitled to recognition
and protection to enhance their own liberty. It imposes a
disability on the class by refusing to acknowledge a status
the State finds to be dignified and proper. DOMA in
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structs all federal officials, and indeed all persons with
whom same-sex couples interact, including their own
children, that their marriage is less worthy than the mar
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riages of others. The federal statute is invalid, for no
legitimate purpose overcomes the purpose and effect to
disparage and to injure those whom the State..."
The language is certainly broad enough to make that an incredibly easy step. Since DOMA is unconstitutional now, the question is, will the federal government deny benefits to a couple that moves? The ball is in their court, I guess. If the feds continue to give benefits there will be nothing to challenge. But, I don't see what would require the feds to cut off such benefits just because someone moves.