American same-sex couples still face discrimination, despite Doma downfall

Landmark decision of the Supreme Court did not resolve the problems faced by couples in states where gay marriage is not legal

After half a decade pretending to be a friend, roommate, and in a military hospital after the birth of her first son, the sister of his longtime partner, Ashley finally Broadway was recognized by the U.S. government and the U.S. military as his legal spouse.

Broadway, a teacher, and Lieutenant-Colonel Heather Mack, logistics manager, the repeal of the marriage law of Defense (Doma) of the Supreme Court last week was an important step in his long personal struggle for equality. They and their two children are now eligible for the same benefits that the Department of Defense provides to opposite-sex couples, including including health insurance, severance and separation from family access to military installations. Mack Army records will change from single to married.

this will continue throughout the Mack military career, no matter where it is published, even if it is a state or a country where the marriage between persons of the same sex is not legal . But when the couple, who married in Washington DC, the basic step outside Fort Bragg, North Carolina, where Mack is parked, will be reconsidered again in foreign-regular situation.

Broadway, 39, a teacher who successfully fought for the official club partner membership after being released earlier this year, said the repeal Doma: "It is a big, big time, because, ultimately, in the eyes of the federal government and the army, which is considered the husband of Heather. God forbid, if something would happen to him when deployed, but if I did not have to meet all the legal issues are not recognized as a spouse.

"But the reality is that we live in North Carolina. North Carolina and treats me like her roommate."

North Carolina is one of 37 states without marriage equality, so that even if the federal government recognizes same-sex marriage, the state does not. North Carolina is among 31 states that go beyond, with amendments to the state constitution that defines marriage between a man and a woman.

is ironic that the military, forcing Mack Broadway and live in the shadows for years, the policy of do not ask, do not tell - a rule repealed in October 2011, which prohibited openly gay members to serve - now gives the couple a network of financial and legal security, however, the outside world, leaving large holes.

their status and rights depend on geography is one of the anomalies raised by the Supreme Court. Was repealed as unconstitutional section 3 of dressage, which allows federal recognition of legal marriage, but leaves intact the section 2, which allows states to reject marriages that are legal in other countries. He has created a confusing situation where, according to Anthony Infanti, a law professor at the University of Pittsburgh School of Law is a specialist in tax law for gay couples, same-sex married living in a state of equality in marriage can be treated as if they move, or even travel through the states that do not recognize their marriages. Infanti said:

If you have a living and married in Massachusetts, but then moved to Pennsylvania, where I live couple have been married for a while, then stops. If then moved to Iowa, they were married again by magic.

living or traveling if states without marriage equality, Broadway said, can be full of hidden dangers. Experience has shown that the order of President Obama despite prohibits hospitals that accept Medicare and Medicaid funds to refuse visits or requests or proxy for same-sex couples, not all the staff of the hospital are aware. The couple always deliver a file of legal documents such as wills, powers of attorney and medical information, they hope to ensure that they are treated the same as any other married couple. Broadway had it with her when Mack and her newborn son, Carson, had to be moved to other hospitals intensive car.

"I had to make decisions for her and for him," said Broadway. "They probably would not let me see the child or her."

When the Department of Defense will begin issuing benefits to same-sex couples, Broadway is $ 500 per month better off, since you can go Mack insurance. Mack biological children, Carson and Carley are automatically granted the same rights as children of heterosexual marriages, as dependents. They can participate in programs and Fort Bragg military schools.

But the law of the State is that the North Carolina Broadway, who left his job to take care of the children full time, which has no moral voice in their care. It does not recognize second-parent adoptions, making it unable to legally adopt them. She's afraid that if something happened to Mack could lose custody of their children.

"weighs on my mind every day," said Broadway, who works with the U.S. military partner.

• see activist judges are right that I'm afraid to come and try to take the kids. This is not only our family. I hear it all over the country.

a fragile and uncertain life ""

Tim Young, 45, who with her husband, Mark Maxwell, 49, adopted four children in North Carolina, said Doma reversal was "good news", but added: "It n has done nothing for the Maxwell family. "

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