It’s true that on the federal level DOMA clearly establishes a preference for traditional marriage. But it does not purport to define marriage for any purpose other than federal programs, which can be expanded to same-sex couples on a program by program basis, as President Obama has already done in many areas.

Inviting a comprehensive judicial resolution of the issues surrounding same-sex marriage, which is what the administration has done by announcing that it will no longer defend the law, is the worst of all possible solutions. There is a political process taking place that has secured, and doubtless will continue to secure, the ability of same-sex couples to marry in many states. Shutting down that process through a judicial ruling will end all possibility of compromise. And like Roe v. Wade’s effort to finally “solve” the abortion debate, it will divide our society on this issue for decades to come.