Today marks the first day that gay couples can legally marry in the states of Rhode Island and Minnesota, the eleventh and thirteenth states respectively to legalize gay marriage. In the wake of the recent Supreme Court decision on the Defense of Marriage Act (DOMA) and California’s Prop 8, many gay and lesbian individuals and allies around the country are celebrating advances in the rights and recognition extended to gay couples on a federal level.
However, in the midst of these celebrations, Rick Settersten points out in a recent LA Times article that same-sex couples, who do not reside in the thirteen states and the District of Columbia where gay marriage is legal, continue to be left out by the law. He states,
For those of us trapped elsewhere in the country—even in places we love—the verdict reinforces the fact that the security of our families and our futures rises or falls depending on where we live.
Highlighting the variation and inconsistency by state in legal rights extended to gay and lesbian partnerships, Settersten describes the reality of gay couples that migrate to states with more legal recognition. Settersten, his partner Dan, and their two children moved from Ohio in 2004 when the state banned recognition of any form of same-sex coupling (marriage, civil unions, or domestic partnerships). At the time, their new home state of Oregon enabled them to co-adopt children and register as a domestic partnership. Although they have been together for almost thirty years, their domestic partnership in Oregon will not be federally recognized under the DOMA decision, forcing them to move yet again if they want to benefit from federal recognition of their union.