The suit was filed by eight out-of-state couples, who claim the law is discriminatory (because it hasn't been enforced in recent years and was dusted off only to use against gays and lesbians) and violates both state law and the U.S. Constitution. What the suit makes clear is that there is in place a national strategy to ratify same-sex marriage, state-by-state, through court challenges rather than through legislation by officials accountable to the people.

So there you have it: The Senate killed the FMA for this session in a 48-50 vote. Republicans say they'll keep fighting for the amendment, but state courts in the meantime will continue to create laws most Americans don't want.

Whatever ultimately happens, one thing needs to be clear: The FMA stands as the only certain way Americans can be assured a voice in determining how the American family - and ultimately American culture - are defined. By sending the FMA to the states for ratification or rejection, it is the people of the American states, not the courts of those states, who will be given a voice.

That's the bottom line. All else is smoke and mirrors.