DOMA and Prop 8 Interactive Chart

So any day now the Supreme Court is going to announce their rulings on the two same-sex marriage cases.

The New Yorker has a nice interactive chart that shows possible outcomes, ranging from preserving the status quo by upholding Prop 8 and DOMA, to declaring a right to same-sex marriage and federal recognition in the whole country. Notice that no scenario results in ending same-sex marriage in every state, even though I think that is the most likely and best final outcome. But that outcome will come from Congress passing General Laws, not from states or from the Supreme Court. So it won’t matter what the court says or what states do, because federal law trumps state law and there is no right to procreate or marry someone of the same sex that would trump a federal ban on same-sex marriage.

Congress should set by general law the effect of marriage in every state as approving and allowing the couple to procreate offspring together using their own genes. Congress should also prohibit creating a person by any means other than sexual reproduction of a man and a woman using their own genes. The law should explicitly prohibit same-sex marriage and civil unions that give all the rights of marriage, though the two laws would do that implicitly and so it isn’t necessary.

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