SSM at the Supreme Court: Part II | National Catholic Reporter

SSM at the Supreme Court: Part II | National Catholic Reporter by MSW.  MGB: Actually, the states rights issue is that if one state says a couple is married, every other state must accept it.  That is what DOMA specifically violated - as well as the Fifth Amendment and Fourteenth Amendment rights in state and federal jurisdictions to equal protection under the law and due process.  If homosexuals are considered a protected class - as they apparently are - denying them the right to marriage, which is a basic adult right (even if not adjudicated as such - although it is) cannot be upheld.  The only problem is jurisdiction.  The Human Rights Campaign needed a case that went the other way in federal court - although that would take some extreme judge shopping, as most lawyers at that level would uphold gay marriage.  It is simply easier to go to the Supremes first than do a 50 state slog.