Reply #14: Exactly, the same as Mass

[BR_Parkway]

If the Mass Supremes could have been overrulled by the Fed, some Save the Family from Homos group would have already filed. The reason that they didn't is that the decision of the Mass Supremes was to expand people's rights - they included more. If their decision would have excluded more or taken a group's rights away, then it could have been kicked up to the Fed. That is why the only option they have now is to actually amend their constitution, there are no legal challenges to make. That's also why so many are trying to get their states are amend their constitutions.

If California rules that the state constitution says that not allowing gays to marry is unconstitutional, there is no further appeal to Fed or Federal DOMA. CA marriages would be recognized by the state, then anyonw married there (or Mass) that goes to another state could sue to challenge that state under it's laws and then under the Fed DOMA laws.

If the Fed DOMA is upheld on the grounds that states can pick and choose if they will or won't allow gays to marry, then all contracts that cross state lines are in jeopardy. Because of various states maximum interest rates and usary laws, credit cards that are issued across state lines are exceptionally vulnerable. If I live in NC and have a credit card issued from another state, I would have grounds to argue that I don't have to pay the bill that I run up since my state laws don't match up with theirs - this is the entire basis of the FF&C laws, and this is what is scaring the hell out of the fundies now, one state means all states after a few legal skirmishes.