Step 2
Second Massachusetts post in a row. As you probably all know, the Supreme Judicial Court of Massachusetts struck down the restriction that marriage only be contracted between one man and one woman. Predictably, the court upheld the requirement that marriages contracted in Massachusetts between people from out of state be valid in their home state. In doing so, they left open the question of what to do when the foreign jurisdiction does not explicitly restrict marriage to one man and one woman.
This question will be answered before too long. The Superior Court, Suffolk County, is considering whether a lesbian couple from Rhode Island, which does not have the one-man, one-woman restriction, should be issued a marriage license.
To my view, this challenge is step 2 of 5:
1. Find a state to recognize gay marriage;
2. Get that state to issue licenses to out-of-staters;
3. Get the home states to recognize the validity of the license;
4. Use that to encourage states to repeal their Defense of Marriage Acts and by statute to provide for marriage; and
5. Launch serious (and seriously funded) constitutional challenge.
My best guess is that step 2 will soon be crossed off the list.