With Republicans about to take control of the House, there’s no chance that a bill to repeal DOMA will pass. Therefore, it will take a Supreme Court ruling declaring DOMA (as well as California’s Proposition 8) and all similar state laws barring gay and lesbian couples from marrying unconstitutional under the Fourteenth Amendment.

With Congress having repealed DADT — as well as its own precedents striking down Colorado’s Amendment 2 in 1996 (Romer v. Evans) and the last remaining anti-sodomy laws in 2003 (Lawrence v. Texas) — it will be much harder for the high court to justify continued anti-gay discrimination in the matter of marriage without violating the constitutional separation of church and state under both the First Amendment and the Religious Test Clause of the Constitution (Article VI, Section 2).