DOMA

Revulsion to the cynicism of President Obama's announcement that his administration will not defend the Defense of Marriage Act (DOMA) in the federal courts is entirely appropriate. He is trying to have it both ways: registering approval with his base – the preponderance of which supports gay marriage – without alienating the majority of Americans who still oppose it.

(A man whose self-regard is such that he fancies himself on par with the Wisdom of Solomon has nonetheless elected to split the baby.)

Politics aside, there are constitutional concerns with DOMA that bring its validity into question – not that these played any role at all in the president's decision. These concerns are found in the Full Faith & Credit Clause of the US Constitution (Article IV, Section 1), which mandates that "Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State."

At first glance, the legal import of DOMA runs directly counter to this, immunizing the states from having to recognize a gay marriage – something that is a public act, record, and judicial proceeding – legally created and recognized in another.

This is a credible argument at least – one to which there are certainly credible rebuttals.

If, for example, a state does not recognize the institution itself – marriage between individuals of the same sex – can the relevant constitutional text be understood to compel it to recognize and make provision for it in the same way it would have to a driver's license issued in another state, an institution which every single state in the Union makes provision for?

Without question there are other arguments beyond this – arguments that will be fleshed out and deployed in the inevitable legal challenges to come.