While many pro-gay marriage advocates will sing the praises of the Supreme Court’s decision today regarding the Defense of Marriage Act, the actual ruling will only make for more of a legal quagmire for same-sex couples who get married, but do not reside in state’s that recognize their marriage as valid. With 60% of the states having laws against same-sex marriage, the federal benefits, tax return filings, state benefits, and state filings, will create a nightmare for many couples. A same sex coupe married in NY who move to Texas will be entitled to all the benefits, etc. recognized under the federal governmnet, but not to those by the State of Texas, which does not recognize gay marriage.
With Justice Kennedy writing the majority opinion, he said that the federal government cannot penalize a group of citizens whose marriage is legally valid and recognized by their state. It does not, however, force states that do not recognize gay marriage to recognize them and give state benefits. Where I forsee a problem in the future is in the federal government bullying states into recognizing gay marriage because many state benefits are tied to federal funds.
Some will see this as a major step for gay rights. Others will mount divisive vitriole. I think that the resolution of the marriage equality issue is still a long way from being settled, but I do believe that both sides of the issue should move away from the hate aspect of the argument….. nothing is more tiring than for someone to say you are a hater because you disagree with the concept of gay marriage.