Back in 2011, when New York passed the Marriage
Equality Act, we discussed the issues particularly as they related to the
Federal law, Defense of Marriage Act (DOMA).
For Federal purposes, DOMA defined marriage as between a man and a woman
and allowed states which do not allow same sex marriage to not recognize same
sex marriages performed in other states.
On June 26, 2013, the Supreme Court decided that much of DOMA is
unconstitutional, since same sex married couples were not being treated equally
under the law. Specifically, Section 3 of DOMA, which allowed the Federal
government to deny benefits to same sex couples, was invalidated. However, Section 2, which allows states to
decide who may marry and which marriages to recognize, is still law.
This means that same sex couples married in New York
and living in New York can expect the same rights as heterosexual married
couples. However, some issues remain
murky, particularly for those same sex couples married in one state and now
living in a state that does not recognize same sex marriage. Benefit eligibility is often governed by the
state in which a couple lives as opposed to the state in which the couple was
married.