Dispute over Anti-DOMA Rulings

by Ed Whelan

Over at the Federalist Society’s SCOTUSreport blog, I take issue with law professor Dale Carpenter’s claim there that the First Circuit’s ruling invalidating the Defense of Marriage Act is “more limited and incremental” than the Second Circuit’s ruling. More broadly, I see no coherent way that the Supreme Court could invalidate DOMA without compelling the invalidation of state marriage laws that likewise define marriage as a male-female union.