Re: How Do Gay Republicans Feel About Gay Rights..
well if there are no active cases attempting to get it overturned and no court has yet ruled it unconstitutional, then I would say that DOMA, for the time being, is still the law, and therefore does take care of it.
It is my opinion that the federal part of DOMA is unconstitutional, and the state provision merely restates what was already the law. However, litigation of DOMA has not reached any circuit court of appeals. So we don't really know what the courts would do with it, and we won't know for some time because active cases are not challenging the constitutionality of DOMA. The active cases are only arguing over state constitutional law. Thus, DOMA doesn't really take care of it.
well if there are no active cases attempting to get it overturned and no court has yet ruled it unconstitutional, then I would say that DOMA, for the time being, is still the law, and therefore does take care of it.

























