Although I am very pleased with the DOMA strike down in US v. Windsor, I am still quite disappointed with the Court's decision in Hollingsworth v. Perry! The court essentially punted the ball and sidestepped the issue of gay marriage in the states. They could have handed down an opinion recognizing that marriage is a fundamental right and all states must allow it. The decision in effect remanded the case back to the District Court in Cali. That court struck down the ban. So, gay marriage is now legal in California, but it does nothing for the remaining states. The only thing the DOMA strike down did was allow federally recognized benefits in states that ALREADY allow gay marriage.
The question remains to be answered whether two gays can leave their home state to be married. We don't know whether it will be recognized when they come back to the their home state, either by the states or by the feds. Bottom line - the Court chose to support gay marriage in the absolute slightest way this morning. I am not happy - I expected so much more from them! The only good thing from the DOMA case is that it chose equal protection to strike down DOMA, rather than a mere technicality. Using this case, states will now be able to argue that a gay marriage ban violates the equal protection clause of the 14th Amendment. This should strengthen the argument to continue to slowly legalize gay marriage state by state.