The issue of marriage is left to the states. DOMA simply removes marriage from consideration under the Full Faith and Credit clause.
There's no need for a drawn out legal battle - the California constitution now defines marriage as between one man and one woman, this therefore renders any state statute (such as the California Family Code) moot when it comes to same-sex marriage. The Constitution trumps ANY state law.
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timeasmymeasure
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Date: 2008-11-05 07:20 pm (UTC)There's no need for a drawn out legal battle - the California constitution now defines marriage as between one man and one woman, this therefore renders any state statute (such as the California Family Code) moot when it comes to same-sex marriage. The Constitution trumps ANY state law.