How the DOMA could end up being a GOOD thing for the GLBT community

[southerngirlwriter]

I am strictly pontificating here. No links, no statistics, no black-and-white facts. If this sort of post doesn't interest you, feel free to move along. :-)

OK....I was listening to NPR about an hour ago. They had a professor on for a discussion on the impending gay marriages in Massachusetts. The professor (sorry, I was in the car and couldn't take notes) and the All Things Considered guy were talking about the impact of the DOMA once there are married couples in Massachusetts of the same sex.

Two hypothetical examples that they gave were:

1) A married male couple in Massachusetts wherein one partner dies. The surviving partner seeks to inherit his lover's property in, say, Pennsylvania. Under DOMA, Pennsylvania wouldn't have to recognize him as the legal spouse with inheritance rights.

2) A lesbian couple get married in Massachusetts. One is the biological mother of the child that the couple is raising together. While on a trip, they are in a car accident in a state that doesn't recognize the marriage as valid. The biological mother dies; the child survives but is hurt. When the spouse shows up and tries to make medical decisions for the child, the state would not have to recognize the spouse's right to do so.

These were things I hadn't even thought about. It seems that gay marriage is moving in the direction of happening one state at a time. I'd pondered the absurdity of a couple driving across country and passing through different states. "We're married...." (cross the state line) "No we're not!" (cross the next state line) "Now we're married again!" and so on.

However, these scenarios got me thinking. America has a HUGE GLBT community. Life happens. Complicated situations happen. Once gay marriage is legal in Massachusetts, how long will it be before there's a lawsuit in every state? ONE of those lawsuits will surely hit the Supremes, who will be forced to make a logical decision (the sodomy decision of last summer is encouraging) and rule DOMA unconstitutional, as well as ruling that states must extend "full faith and credit."

But it might not take that, if things continue to go one state at a time. If the states maintain this ABSURDITY of not recognizing another state's marriages, the unmitigated CHAOS would make huge strides in the direction of acceptance, if only for simplicity's sake.

Also, at least some gay couples will move to Massachusetts solely to enjoy equality. The loss of gay people's talents and money in other areas will make discrimination less attractive.

Ironically, the DOMA may force a situation where gay marriage is ruled by the Supremes to be constitutional in every state.

Wouldn't that be something?? :-)

[Rockholm]

1. Money Talks....

If gays and lesbians who want to get married, please feel free to move to Massachusetts. This is truly a wonderful state! Vibrant cities, elegant suburbs, awesome beaches (cold water), mountains, etc. We have a very good business climate. If the Massachusetts Business Council (or whaterever it is called) would get their collective act together, we could certainly attempt to woo businesses here. Hey Romney, you love money. Get crackin!

[Devlzown]

2. That's why they're trying to get a constitutional

amendment passed. If the Supreme Court strikes down those state laws that don't honor a marriage in Mass., then the next step is to pass an amendment.

[lcordero]

3. DOMA may be a good thing

With the radical right forcefeeding, a lot of people are going to move left and further left.