Btw, repealing DOMA will not change Prop 8

[ruggerson]

Prop 8's wording is now in the California constitution.

The only way to remove it is to repeal it or have the USSC decide that ALL the state statutes and state constitutional amendments are unconstitutional.

Both Roemer and Lawrence V Texas may have already laid the groundwork for such a Supreme Court ruling.

[Not Me]

1. As I understand it, overturning DOMA will

not require states to allow same gender marriages, but those married in states where they are allowed would be recognized by the federal government (Social Security, income taxes etc.) and I believe this would open the door for a challenge using the full faith and credit clause so that states would HAVE to recognize any marriage from any other state. If this were to happen, all those 30 states with antimarriage amendments would have to honor all marriages from other states.

[ruggerson]

2. DOMA is in two parts

One part forbids federal recognition of same sex marriages from any state that legalizes them.

The second part specifically exempts states from having to recognize same sex marriages legally performed in other states.

Any one who currently is married in MA or CT or any other subsequent state that legalizes same sex marriages has the standing right now to sue under the full faith and credit clause if they move to another state and that state does not recognize them.

I believe so far no one has done so.

This will eventually be decided by USSC, as you suggest, DOMA or no DOMA, but winding its way there could take years.