A Brief Comment on the Supreme Court's DOMA Decision

The DOMA decision is a step in the right direction, but leaves same-sex couples in 43 states without a right to marry and ineligible for federal benefits.

(SAN FRANCISCO) - The Supreme Court in United States v. Windsor ruled that Section 3 of the federal Defense of Marriage Act  (DOMA), the law barring the federal government from recognizing same-sex marriages legalized by the states, is unconstitutional.

Adding California after the Hollingsworth v. Perry decision, twelve states now allow same-sex marriages and these couples are now eligible for federal benefits.  This impacts about 1,100 federal laws, including veterans' benefits, social security, family medical leave, and tax laws.

Six states permit same-sex unions granting rights similar to marriage under state law only. The DOMA decision does not impact these unions. Interestingly enough, this decision put New Jersey Governor Chris Christie in a difficult position. Christie had vetoed a bill that would have legalized same-sex marriage using the rationale that New Jersey already had a civil union law that was substantively equivalent to marriage, and so extending the word "marriage" to gays and lesbians was not necessary to achieve equality. Obviously he was wrong. The New Jersey legislative session runs for two years meaning that the legislature has until January 2014 to override Christie's veto. Stay tuned.

At least 37 states prohibit same-sex marriage by statute or by their constitutions. The DOMA decision does not create a Constitutional right to same-sex marriage and thus, states are still free to prohibit same-sex marriages.

And states prohibiting same-sex marriage are not required to recognize same-sex marriages. Query, what if a same-sex couple who was legally married in one state moves to another state where such marriages are not recognized. Can this couple still receive federal benefits? Or. for example, a same-sex couple travels to a state that prohibits same-sex marriages and one spouse becomes hospitalized and his/her spouse is not allowed visitation or powers to make a medical decision that are assumed for opposite-sex couples.

The DOMA decision is a step in the right direction, but leaves same-sex couples in 43 states without a right to marry and eligible for federal benefits.

Salem-News.com writer Ralph E. Stone was born in Massachusetts. He is a graduate of both Middlebury College and Suffolk Law School. We are very fortunate to have this writer's talents in this troubling world; Ralph has an eye for detail that others miss. As is the case with many Salem-News.com writers, Ralph is an American Veteran who served in war. Ralph served his nation after college as a U.S. Army officer during the Vietnam war. After Vietnam, he went on to have a career with the Federal Trade Commission as an Attorney specializing in Consumer and Antitrust Law. Over the years, Ralph has traveled extensively with his wife Judi, taking in data from all over the world, which today adds to his collective knowledge about extremely important subjects like the economy and taxation. You can send Ralph an email at this address stonere@earthlink.net