<p>But let’s be clear: DOMA isn’t entirely dead. The Supreme Court struck down Section 3, which denied federal benefits to same-sex married couples. Left standing is Section 2, which allows states to refuse to recognize same-sex marriages performed in other states. This is going to continue to cause tremendous hardship for same-sex couples who need to move across state lines due to job transfers and such, and as a consequence lose spousal medical benefits, pension rights, in some cases even parental rights. I think we’re now going to see a flood of cases challenging DOMA Section 2, which so far the courts have mostly upheld.</p>
<p>I also think, in the meantime, the disparity is going to create something of a competitive economic advantage for states that do recognize same-sex marriage, as not only same-sex couples but young and better-educated people who are overwhelmingly sympathetic to their cause elect at the margins to locate in states that allow it, and at least some employers elect to place their operations in those states, other things equal, so as to attract and retain the employees they want. And over time, this will put pressure on other states to come around.</p>
<p>Next dominoes to fall? Well, the same-sex civil union states have little to lose and a lot to gain by recognizing same-sex marriage, since same-sex civil union couples probably won’t qualify for federal benefits but same-sex married couples will. So that would be New Jersey, Illinois, Wisconsin, Oregon, Nevada, Colorado, and Hawaii. I’d also add Michigan to the likely-to-switch camp, though it may take a while (as it might also in some of the civil union states, especially those that would need to amend their state constitutions to get there). Ohio might take a little longer. Florida will eventually turn. Then maybe some of the libertarian-minded Western states, like Arizona, Montana, maybe even Wyoming. But the deep South is going to be a tough nut to crack. This issue could be with us for a long time.</p>
<p>I agree with Pizzagirl’s snarky retort, but just for the record, there are only 6 New England states: Massachusetts, Connecticut, Rhode Island, New Hampshire, Vermont, and Maine. You know, that little corner east of New York.</p>
<p>Currently 13 states allow gay marriage – I think that number will probably double in pretty short order. Gay married couples are likely to consider legal status issues before moving, so over time there is a strong economic incentive for states to at least recognize the out-of-state marriages – or they may start seeing it impact local economies. Employers who operate in multiple states will probably opt for consistency in the benefits they afford – that is, they are going to give employees in Texas the same benefits package that they give to employees in California. Federal regulation may also play a role – for example, pension rights are governed by ERISA, a federal law. The US military obviously will probably move very quickly to implement the ruling – which is also going to have a significant impact on many southern states.</p>
<p>My state of Maryland may not be part of New England or even part of the Northeast, but we do have same-sex marriage here. And I have married friends who will now have the same federal benefits that I do. Finally.</p>
<p>Hopefully this ruling will convince the handful of state representatives in Illinois that stood in the way of marriage equality to change their vote in the fall session of the General Assembly. The fall of DOMA eliminates the “there is no tangible benefit vs civil unions” argument that had some traction with some reps. The state senate passed marriage equality already and the governor is eager to sign…</p>
<p>NY, NJ and anywhere south and west are NOT part of New England - ask any true New Englander. And I don’t think NE has a lock on progressivism. Just look at history, Puritanism and the Salem witch trials all that. Still, it’s a proud day for the whole country today!</p>
<p>And in terms of rights being affected, there was a gay married man who was in the process of being deported back to Colombia today. He was married to a US citizen in NY but not eligible for a green card because of DOMA. The judge stopped the hearing immediately and he was not deported.</p>
<p>For the record, PA, NJ, DE, MD, NY, and apparently WV, and VA are all considered Mid-Atlantic. I think a lot of us would try to say that western PA is more midwestern (they say pop instead of soda!), and WV/VA are more southern…but whatevs.</p>
<p>*This is going to continue to cause tremendous hardship for same-sex couples who need to move across state lines due to job transfers and such, and as a consequence lose spousal medical benefits, pension rights, *</p>
<p>& a great opportunity for some to pressure their employers to either relocate to a less restrictive state, or feel the consequences.
My daughter has been contacting the governors of states she & her sig other are considering locating to. Telling them that she & he are just the sort of people they want to attract. ( employed, educated, former military). But if the state has a poor record with supporting women’s medical care, she tells them that they’ve crossed them off her list.
Both my kids recognize that if you strongly oppose a certain policy, don’t give the lobbyists more money to make sure it stays policy.
We check the politics and behaviors of companies whose products we buy, albeit that can be really hard to stay current with.</p>
<p>It makes a difference when you hit them in the pocketbook, whether it be politicians or businessmen.</p>
<p>I also look at percentage of population. As of now, about 30% of the US by population lives in states that allow gay marriage (12 states). And 41% if you add in civil unions that grant the same benefits without the word “marriage” (6 states).</p>
<p>I know a couple of old women who were in almost the same position as the plaintiffs in this case. They lived together all their lives. Then when one died they got hit with estate taxes. They could not marry because they were sisters. Why not define these relationships as domestic units. Why does sex have to be involved before you get the benefits of tax breaks?</p>