Do the decisions invalidate Section 2 of DOMA?
No. Section 2 of DOMA purports to allow states to choose not to recognize marriages of same-sex couples performed in other states. Neither of the DOMA cases spreads marriage equality into states that have not chosen to authorize marriage for same-sex couples. Both cases only address the relationship of the federal government to people who are already married by their home state of Massachusetts. A further victory in Gill and/or the Commonwealth’s case will not change any other state’s marriage laws.
