DOMA AND POTENTIAL FEDERALISM CHAOS:  If the Supreme Court invalidates the Defense of Marriage Act (DOMA) on states’ rights (federalism) grounds– as many have urged it to do–there will be potential legal chaos, as same-sex married couples move from state-to-state.

If Congress doesn’t have the power to define “marriage” for purposes of federal statutes/benefits (which is what DOMA does), then leaving it solely to the States to define will result in a patchwork quilt effect, with a same-sex couple enjoying federal benefits (joint tax filing status; Social Security survivor’s benefits, etc.) while residing in a state that recognizes same-sex marriage (e.g., Massachusetts), but then losing those benefits if/when they move to a state that does not recognize same-sex marriage (e.g., Alabama).

I agree with Ed Whelan at NRO that this would be a very messy result.