Say gay marriages are allowed in Vermont: legitimate marriages under state law with all the benefits for Vermont couples. Am I right in saying that (1) they will not be recognized as married under the federal government, as such they don't get the civil, federal benefits of marriage such as federal tax breaks and immigration?

Also, since they're not really married under federal law, (2) could they still be free to marry a person of the opposite sex, and be subject to prosecution for bigamy in VT should they return to that state?

For both questions my answer is "yes." I can see what kind of quandary there is in such a situation, but I don't think individual states should offer up their autonomy on these matters.

1. Yes. Under DoMA, they wouldn't be eligible for federal benefits. They could sue and DoMA would almost certainly be overturned, though.

2. One would think, yes, in Vermont--but no in all the states that didn't recognize the marriage as a marriage!

I don't know the case law on comparatively minor differences and Full Faith and Credit. Say, as a matter of public policy, one state says a girl can get married at 14 but other states say 17. I'm not sure how that is treated currently.

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