First, decide DOMA

Ruling on the Defense of Marriage Act, not Proposition 8, is the Supreme Court's best option.

What will the Supreme Court decide first: whether states can deny same-sex couples the right to marry or whether the federal government can refuse to recognize same-sex couples' valid marriages under state law? Now that the U.S. 9th Circuit Court of Appeals has declined to rehear Perry vs. Brown, the challenge to California's Proposition 8, and the 1st Circuit has ruled Section 3 of the federal Defense of Marriage Act, or DOMA, unconstitutional, that question has taken on an increased sense of urgency. Although Perry may provide more dramatic and compelling litigation, the DOMA cases present the Supreme Court with the best way forward.

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