Libertarian law professor Richard Epstein has a new column up at Forbes.com in which he argues that the Defense of Marriage Act should be repealed by Congress, not overturned by judges:
Under our law, only the state may issue marriage licenses. That power carries with it a duty to serve all-comers on equal terms, which means that the state should not be able to pick and choose those on whom it bestows its favors. DOMA offends this principle in two ways. First, it excludes polygamous couples from receiving these marital benefits. Second, it excludes gay couples. Both groups contribute to the funds that support these various government programs. Both should share in its benefits.