Gay couples race to wed over fears for future of same-sex marriage

[Buckeyeblue]

5. It would depend on how it was overturned I think

If they said the original ruling was incorrect and that bans on same-sex marriage do not violate equal protection then all of the laws and state constitutional amendments would be valid again. I think existing marriages would have to be grandfathered.

I think on the federal level the defense of marriage act could be replaced with a federal law that recognized that marriage is between two consenting adults, regardless of gender.

If this was done, the justices could overturn Oberkfell, but the the federal law would be the law of the land. Then, the question would be could states violate this rule? I don't think states would be able to violate it (meaning states would have o recognize th federal definition of marriage).

That's why if we win the presidency and the Senate there needs to be federal legislation affirming a number of human rights. It would be very difficult for the SC to say a federal law extending a right violated the constitution.