Now that same-sex marriage is legal in California and five other states, would these marriages be recognized in other states? And also would these same-sex spouses now qualify for federal benefits, like social security, etc.?
Good questions, Scout. The full faith and credit clause of the Constitution is interpreted that each state must honor the laws of sister states except when that state has a fundamental interest that conflicts with the law of the other state. Some states are claiming such a right to not honor marriages conducted in other states when it comes to gay marriage. Many states tried that with regard to interracial marriage bans years ago and were struck down.
As for federal benefits, they are prohibited by DOMA (Defense of Marriage Act) passed when gay marriage first became a possibility as a cheap way to avoid a Constitutional Amendment. It prohibits any federal benefit being given to gay relationships of any kind, whatever they may be called.
A federal judge in Massachusetts declared DOMA unconstitutional this year because it interferes with the state's right to regulate marriage.
Decision It is estimated that DOMA costs gay couples over $450,000 over their lifetime.
New York Times The ruling in the California case combined with the Massachusetts ruling would appear to point a death blow to the campaign against gay marriage.
Despite NWP's doubts, I still predict victory in the SCOTUS and will go out on a limb and predict a 6-3 vote.
