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So let's say the Supreme Court strikes down DOMA and couples in states that allow same-sex marriage will be able to receive federal benefits. So what happens to a gay couple in Maryland that decides to move to lets say a state like Virginia that has a constitutional ban on same-sex marriages, will the couple lose their federal benefits? What about states that don't have marriage, but that have same-sex civil unions like New Jersey. Will their citizens be allowed to receive federal benefits as well?
So let's say the Supreme Court strikes down DOMA and couples in states that allow same-sex marriage will be able to receive federal benefits. So what happens to a gay couple in Maryland that decides to move to lets say a state like Virginia that has a constitutional ban on same-sex marriages, will the couple lose their federal benefits? What about states that don't have marriage, but that have same-sex civil unions like New Jersey. Will their citizens be allowed to receive federal benefits as well?
Virginia doesn't have to recognize the marriage. However the federal government would have to recognize it no matter where they moved once they've been married.
I'm still not sure though if even if DOMA is repealed does the federal government still have to extend marriage benefits since it did not before DOMA? DOMA was just an insurance possiblity against the event a state legalized homosexual marriage.
In fact when DOMA was written homosexual acts were illegal in many states.
So let's say the Supreme Court strikes down DOMA and couples in states that allow same-sex marriage will be able to receive federal benefits. So what happens to a gay couple in Maryland that decides to move to lets say a state like Virginia that has a constitutional ban on same-sex marriages, will the couple lose their federal benefits? What about states that don't have marriage, but that have same-sex civil unions like New Jersey. Will their citizens be allowed to receive federal benefits as well?
The answer is un-certain and have asked several legal law professors this very question. It is doubtful that once a couples marriage is recognized by the FEDS that it would be stripped away regardless as to what state the couple resides in. It could even be as simple as traveling to a state where it is legal and getting married. Once the license is issued the couple would immedialty fall under the FED recognition even if the couple does not reside in that state. Ma and NY for example will issue marriage licenses to out of state residents. For certain it will be interesting.
Virginia doesn't have to recognize the marriage. However the federal government would have to recognize it no matter where they moved once they've been married.
I'm still not sure though if even if DOMA is repealed does the federal government still have to extend marriage benefits since it did not before DOMA? DOMA was just an insurance possiblity against the event a state legalized homosexual marriage.
In fact when DOMA was written homosexual acts were illegal in many states.
Of course the FEDS would extend benefits to legally married gay couples if even only section 3 of DOMA is struck down. That would be the entire point of the decision.
If DOMA goes, then the feds will have to recognize legal gay marriages no matter where the couple ends up residing.
As to recognizing those in civil unions for federal marriage benefits in the absence of DOMA, that might be something the President can decide. I could be wrong here, but I imagine most of the federal laws conferring rights and benefits to married couples uses the word "spouse." I would think the President, as Chief Executive Officer of the country, could issue an executive order that in his judgement the word "spouse" in federal statute refers to both those in legal state issued civil marriages and civil unions.
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