re: #491 HappyWarrior

The focus will be not on the feds, but at the state level - pushing the states to clearly state that marriage is between a man and a woman.

The DOMA decision clearly shows deference to states (10th Amendment states’ rights) to determine for themselves the definition of marriage.

States are free to make that determination. Some have opted to extend SSM. Others have maintained specific prohibitions against anything but a heterosexual marriage. The GOP will focus on expanding that group.

If they seek a fight on federal grounds, they run right into their states’ rights 10th Amendment fire-breathers who demand that the states be the ones to define marriage (as well as most everything else they can think of).

The Perry decision also shows that the states have the right to define marriage, but it also indicates a path for legal challenges down the road. They ruled on the issue of standing, and if parties can figure out how to meet the standing requirement, they’d be able to challenge efforts like Prop 8 or others across the nation and seek rehearing in the Supreme Court down the road.