Deborah Widiss, associate professor of law in the IU Maurer School of Law in Bloomington, says the U.S. Supreme Court’s decision on the Defense of Marriage Act appropriately recognizes that the law created “second-tier” marriages, an approach that is inconsistent with constitutional guarantees of equality under law.
In United States v. Windsor, the court tossed out a key section of DOMA.
“This is a momentous step forward for gay and lesbian couples and their families,” she said. “Tens of thousands of same-sex married couples will receive very important new rights under federal law, covering everything from taxes, to time off from work to take care of a spouse, to immigration rights, to military benefits.”
Widiss added that the ruling will create new challenges for the federal government and courts in determining which marriages “count” for federal purposes. Also, the government will also have to decide whether to treat state-sanctioned civil unions as marriages under federal law.
“If a couple is married in Iowa but moves to a state like Indiana, which does not recognize same-sex marriages, are they still ‘married’ under federal law?” she asked. “Or will their federal ‘marriage’ dissolve when they cross state lines?”
She said the federal government should adopt a “bright line rule” that recognizes marriages celebrated in states that permit same-sex marriage. “This rule would be easy to administer and it would provide couples the security of knowing that – at least for federal purposes – their marriage will not disappear if they move,” she said. “It also is fundamentally fairer for the U.S. government to treat all married couples alike, regardless of where they live.”
Widiss conducts research on employment law, family law, legislation and gender and gender stereotypes. To speak with her, contact Ken Turchi at 812-856-4044 or [email protected], or Steve Hinnefeld at 812-856-3488 or [email protected].
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