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[temperance_k]

DOMA RULED UNCONSTITUTIONAL!

A federal judge on Wednesday declared the 1996 Defense of Marriage Act unconstitutional and ordered the federal government to extend health benefits to the same-sex spouse of a San Francisco lawyer employed by the federal courts.

Comments

[tigerdreams]

Excellent news! :D

So, clarification: since this was a federal case, does that mean the ruling applies to the entire country (pending appeal), or is it limited in jurisdiction and still has to go all the way up to SCOTUS first?

[temperance_k]

I think it does apply for the entire country! I mean. At least on the federal level and the states that recognize gay marriage/partnerships. Whether DOMA gets suspended or not is explained in my comment to layweed. At least, that's what I'm sticking to until I or someone else finds an article saying it for sure?

[tigerdreams]

If that's the case, awesome! I hope this will mean they'll stop trying to enforce DOMA completely on the federal level and start recognizing marriages without needing to be sued first. :D

[lizzy_someone]

Wait, this is what I'm confused about though. Does not enforcing DOMA automatically mean gay marriage is legal throughout the country? It seems unlikely to me, since it's not like gay couples could marry before DOMA was passed, just like gay couples couldn't marry in California even before Prop 22 in 2000. (Or is that not what you were saying? I may have misunderstood, although either way, it is a confusing thing.)

[tigerdreams]

The way I understand it (and I could totally be wrong) is that if DOMA is overturned entirely, then the federal government has to recognize all gay marriages from states (and DC) that allow them. I don't think it automatically makes gay marriage legal in Nebraska or wherever, sadly.

[lizzy_someone]

Ah, that makes sense, thanks.

[tigerdreams]

(Oops, sorry for the double-post; LJ was being failsauce.)

[kyra_neko_rei]

Unfortunately no. DOMA just prevents the federal government from recognizing same-sex marriages, and certainly wouldn't be the only thing illegalizing/illegitimizing gay marriage. Basically all it means is they no longer have an excuse to not recognize it in situations where they don't have any other excuse not to recognize it (so federal rights are likely to be granted to married couples recognized by any state that allows them). As it only limited the federal government and said nothing whatsoever about what state governments do, getting rid of it has just as much effect on the states as DOMA did in the first place, which is to say, none.

[wonderpup]

It doesn't - it only applies to the governments within the deciding court's jurisdiction.