Reply #10: because the issue isn't ripe for them yet

[dsc]

States issue marriage licences, and in point of fact, DOMA doesn't ban them from doing that. But once the licences are issued everything changes if people decide to sue. Both MA couples can sue to get federal benefits and couples from elsewhere can sue to get recognition (both denied by DOMA) but the mere issuance of those licences isn't a federal issue which is why the court didn't intervene. In short, the fact they didn't stop the licences doesn't mean they will overturn DOMA.

On edit I highly suspect that no one will file a case until after the election and only if Kerry wins. We got burnt bigtime once in 1986 on Bowers v Hardwick when we sued too soon. I don't think that mistake will happen again.