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Beyond the Supreme Court: A Guide to Settling Gay Marriage

Specious Rule Wrote: Dec 14, 2012 10:38 AM
If the SC overturns doma it does not create an inverse law. It only strikes down doma. The federal govt should need a law in either direction to act. And states must also agree to recognize or not.

As the U.S. Supreme Court prepares to tackle two gay marriage issues, those of us looking for some sweeping overall conclusions on the issue should temper our expectations.

The cases to be examined by the high court involve some specifics-- the constitutionality of the Defense of Marriage Act, and the range of benefits the federal government should grant in states choosing to recognize gay unions.

Both will necessarily involve some examination of what role the federal government should play in matters of gay marriage, but neither is likely to settle the biggest questions:

What is the proper...