One problem I see here is governments do not usually have a budget for lawsuits. For example, the Park Service in DC used to use a highly accurate method of determining crowd size. Then they got sued because they said the Million Man march was actually (as I recall) less than a hundred thousand. They didn’t have a budget to fight it so they (as I recall) they said, “Okay. It’s a million men.” And, that was the last time they estimated a crows in DC.
Beware of possible distortions of what the Supreme Court decided about the Defense of Marriage Act (DOMA). Note that the following reference indicates that Section 2 of DOMA is still in effect.
Section 1. Short title
This Act may be cited as the "Defense of Marriage Act".
Section 2. Powers reserved to the states
No State, territory, or possession of the United States, or Indian tribe, shall be required to give effect to any public act, record, or judicial proceeding of any other State, territory, possession, or tribe respecting a relationship between persons of the same sex that is treated as a marriage under the laws of such other State, territory, possession, or tribe, or a right or claim arising from such relationship.
Section 3. Definition of marriage (ruled unconstitutional by the Supreme Court) [emphasis added]
In determining the meaning of any Act of Congress, or of any ruling, regulation, or interpretation of the various administrative bureaus and agencies of the United States, the word 'marriage' means only a legal union between one man and one woman as husband and wife, and the word 'spouse' refers only to a person of the opposite sex who is a husband or a wife.
Noting that the states have never amended the Constitution to expressly protect so-called gay rights, DOMA's Section 2 is reasonably based on the Constitution's "Full Faith and Credit Clause," Section 1 of Article IV, this clause giving Congress the power to regulate the effect of one state's acts and records in the other states. DOMA's Section 2 indicates that a given state isn't required to acknowledge gay marriages from other states imo.