Originally Posted By: the G-man
Actually, it is a basic legal principle that the enactment of a new law generally serves to repeal a contradictory existing/prior law. Usually, the only way a new law wouldn't do that would be if the existing law was enacted by a higher authority (for example: federal statute or constitutional provision).

Ah, you're right. My fault.

 Originally Posted By: the G-man
There's no federal statute authorizing gay marriage. In fact, the 1996 "defense of marriage act" tended to discourage recognition of gay marriage.

I'll agree that this was the spirit of DOMA. It doesn't literally discourage it, though.

 Originally Posted By: the G-man
So, unless you're arguing (as the judge did here) that gay marriage is a constitutional right...

Yes, I am.