Congress can take marriage out of the purview of the federal courts
But they won’t do so. If a GOP Congress that voted overwhelmingly for DOMA in 1996, and another riding high after the Presidential and Congressional victories in 2004 wouldn’t do so, then what hope is there now?
Then they could have stripped the courts of jurisdiction and enjoyed public support for doing so. Now the public would oppose it, and besides, it’s too late. Our masters on the Sup Cpurt have spoken, and as Rubio, Bush, and all respectable Republicans say, we must meekly obey and move on.