I’ve been having some debate with fellow marriage equality proponents about the effect of repealing the federal defense of marriage act (DOMA) on people living in anti-equality states.
I have always believed that as long as a couple’s marriage license was valid where it was issued (MA, CA, Canada, etc.) that that couple should benefit from the repeal no matter what state they happen to live in. They would have access to the federal-level rights, responsibilities etc. of marriage even if they were denied access to state-level stuff.
My opponents in this debate think that if a couple lives in a state that doesn’t recognize their marriage, they will not be eligible for the federal marriage benefits.
The problem with this debate is that it is based on opinion and our non-professional understanding of the law. Anyone with real qualifications out there want to tell us what’s the what? Links that I could pass along would be very much appreciated.