So, all laws against same sex marriage are now *probably* unconstitutional

[cthulu2016]

That doesn't mean that same sex marriage is now legal everywhere. But by striking down DOMA on "equal protection" grounds the SCOTUS has done something with broad implications because ALL laws (like state laws) are subject to the equal protection clause.

It is hard to see how any state could deny marriage equality without running into the same equal protection issue.

Again--that doesn't mean that all discriminatory state law and policy is struck down, but the precedent that gay people have some sort of equal protection right to orientation-blind law about the standing of a legal same sex marriage demands the legal question of how can an orientation-based denial of that union in the first place would not run into an equal protection problem.

Remarkable.

Update: The separate Prop 8 decision does restore marriage equality in CA on the spot, but not on equal protection grounds.

[spooky3]

1. Finally, some sanity.

[cthulu2016]

2. This and the VRA case are both just whatever Kennedy thinks

So the sanity and insanity are contained within one person.

[rurallib]

3. he is basically a one man SCOTUS

[X_Digger]

4. With this precedent, state discriminatory laws are ripe for challenge..

Couple goes to a state that has same sex marriage and gets married. They go home to their state with discriminatory laws, and when their home state denies rights that other married couples have, they have standing to sue.

I'm sure there are already cases being lined up for just such a purpose.

[cthulu2016]

5. Recognition involes "full faith and credit" issues also, so

we get into a zone where all 50 states will probably have to *recognize* same sex marriages well before reaching the point where all 50 *perform* such marriages.

[X_Digger]

6. Agreed, but this is one step closer. The fight continues, one case at a time, if need be. n/t

[loyalsister]

7. Exactly

Missouri and other states adopted discriminatory constitutional amendments. From what I understand those won't be overturned until there is a court challenge.