Technically the Court is on solid ground with a refusal to hear the DOMA and Prop 8 cases based on a lack of standing. As absurd as it sounds, if the DOJ is not offering any defense in any district, DOMA would fall by the wayside district by district. Prop 8 would also fail and the ruling limited to California.
For Federal purposes marriages would be portable but couples would have federalized marriages in states that would not recognize marriage.
The framework of bureaucracy would be boggled by the administrative hurdles the states have in place as couples would have to challenge state’s constitutions until the Supreme Court finally makes a ruling.
I guess Chief Justice Roberts just does not want to hear Scalia’s homophobic rants from the bench.
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