So there are some questions left in the wake of the marriage rullings?

[dsc]

1) What happens if a state refuses to defend laws passed by initiatives as a general rule or does so in specific politically motivate ways? Is there any remedy for citizens in such a state?

2) Just what will Kennedy do when a case similar to California reaches him on the merits?

3) Just what did Kennedy mean by careful consideration? This has an impact outside of marriage as it is now the standard by which the 5th (and likely 14th) Amendments will be applied to gays and lesbians. It is clearly above rational basis but below the level used in gender discrimination cases, but remains, as yet, undefined.

4) Just which state's grant of dignity counts here? Is it the state where the couple got married (that has been the historical standard), or the state they currently reside in? This matters because several people have gotten married in places where it is legal for them to do so, but then return or move to places where it isn't. Will those marriages be federally recognized?

5) For purposes of immigration, will the spouse in a same sex marriage only be permitted to reside in states where such marriages are legal? Can such a couple travel through states that don't recognize such marriages without losing the ability to sponsor their spouses? Some of our busiest air hubs are in non equality states (Philly, Atlanta, Chicago, Denver, Dallas, Houston, Miami, and Detroit to name a few).

What seems to be decided at this point.

If you are legally married, and reside in a state which honors your marriage, then you have federal rights. If you live in the area covered by the court which ruled in the prop 8 case (Northern California) you have the right to marry in CA. That is probably able to be extended to the rest of CA via injunctive relief. So the people of CA, WA, MN, IA, ME, VT, NH, MA, CT, RI, DE, NY, DC, and MD have full marriages with all the rights and privileges. Everyone else pretty much has to wait for the questions above to be answered to know the extent to which their lives are affected by these decisions.

[The Link]

1. Do people who are married in these states have their rights recognized federally if they move?

That is my biggest question.

[justiceischeap]

2. You left out DC. :) nt

[William769]

3. Per Governor Jerry Brown as of today

All County Clerks are to issue Marriage licenses to same-sex couples.

[DURHAM D]

4. Good post.

I was puzzled by the assumption that this was such a big day for all LGBTers until I realized that the national conversation is being driven by people from DC and those 12 states and the plaintiffs and their attorneys are from one of those good states.

Me here in the south... I am just looking around and thinking we are out here in the wilderness.

[Viva_Daddy]

5. This is a BS decision.

All the Supreme Court did was rule that the supporters of Proposition 8 had no legal standing in the Case and so they sent it back to the California Supreme Court. They did NOT affirm equality in any way, shape or form. Lucy still has the ball and Charlie Brown is still flat on his back. There is still lots of work for Americans to do to finally see a time when Equality is the Law in America.

[MineralMan]

7. I think that's incorrect, actually.

And Governor Brown thinks so, too. He has ordered county clerks to begin issuing marriage licenses immediately. California now has marriage equality. There will be no going back this time.

[Eric J in MN]

6. Regarding the first question....

...Activists standing in state courts is unchanged.

But it's more difficult for activists to sue in federal court.