[RonF]

Actually, I'm thinking the first serious Constitutional test this will present will be under the 14th Amendment. A "married" same-sex couple will file a tax return under "joint return - married". The IRS will deny it. They'll sue, stating that the 14th Amendment overrules the Federal DOMA. It'll go all the way to the Supreme Court no matter what the lower courts rule. Given the attitude shown in the Dale vs. BSA case, where although the majority upheld the BSA's right to discriminate against gays, they deplored it, the Court might well agree.

[The Ghost of FReepers Past]

You're right. That makes sense. Add to the BSA case the Lawrence decision which flat out said marriage was a privacy issue. As long as the courts are allowed to dictate this decision from on black-robed high, we lose.

You are also right to point out the tone of the BSA decision. It was the complete opposite tone of the Lawrence decision. In Lawrence they spoke of respect and not establishing community morals and all of that rubbish.