Marriage laws are generally left to the states. But is there any reason that Obama or the Congress cannot create a new category for "Civil Unions" for legalizing SS couples?
I suppose it will have to be done through the IRS to recognize Civil Unions for the 50 states. Then all 50 states would have to accept Civil Unions for SS couples, since it is separate from "traditional marriage licenses". Licenses can be separated into categories such as automobile, trucking, boating, etc. It could make sense to have different categories for marriage licenses or civil unions on the IRS form.
Should Obama issue an Executive order for Civil unions?
Does DOMA prevent Obama from doing this?
Now that marriage equality is inevitable, there's zero interest in settling for "separate but equal."
Besides, executive orders can be undone by the next president with a swipe of a pen. This is definitely not a viable route.