So I looked it up based on the comments from Texas' attorney general
The preemption
doctrine originates from the supremacy clause of Article 6 of the U.S. Constitution. This doctrine
states that any
federal law, even if it is only a regulation from a
federal agency, supersedes any conflicting
state law, even if that
law is part of the
state's constitution.
Pretty good description here
http://www.huffingtonpost.com/lesley...b_4676579.html
Quote:
So, does federal law recognize same-sex marriage?
Yes. The federal government must now recognize valid same-sex marriages according to the U.S. Supreme Court's June 26, 2013 decision in U.S. v. Windsor. This decision cleared the way for same-sex married couples to receive federal benefits. Yet not all facets of the federal government adhere to that. The IRS recognizes same-sex marriage as married under all federal tax provisions where marriage is a factor. The Social Security Administration however, only recognizes marriages that are valid in the state where the couple lives for the purposes of granting federal benefits. This means if you're in a same-sex marriage but live in a non-recognition state, you aren't eligible for Social Security benefits on your spouse's work record
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