It is as I thought. Legal again in California, and DOMA struck down.
And when gay marriage does come before the Supreme Court, this new standard/precedent makes it very likely to legalize it nationwide.
This. The equal protection language in the DOMA ruling is stronger than what a lot of people expected. Should be a very helpful precedent the next time gay marriage winds its way up to the Supreme Court.
No. In fact, this is Kennedy virtually saying, "The States can do what they want here." His language is some of the strongest States' Rights that I have ever read.
There is absolutely no basis for using Windsor to overturn a State ban. In fact, Kennedy for all intents and purposes says that States will be treated differently in this area than the Federal Government.
It does leave an open question as to what happens when someone goes to one State, gets legally married, and then moves to another that doesn't recognize.
Existing law, including some that was quoted by Kennedy in his opinion would suggest that person is out of luck.
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