Last year, as the Supreme Court was considering cases on both
We don't minimize the importance of the court's decision in June to strike down a provision of the Defense of Marriage Act that defined marriage for federal purposes as the union of one man and one woman. In welcoming that ruling, we expressed the hope that the decision would have a ripple effect in lower courts — and it has. Federal district judges have struck down bans on same-sex marriage in Utah and Oklahoma.
The problem is that Justice
Moreover, on the same day as the DOMA ruling, the court studiously sidestepped the constitutionality of state bans on same-sex marriage. In holding that supporters of California's Proposition 8 lacked standing to bring an appeal, it revived same-sex marriage in this state, but no national rule was established.
In striking down Utah's ban on same-sex marriage, U.S. District Judge Robert J. Shelby relied on Justice