You're not listening..."Same sex couples have ALWAYS been able to married". The only difference is whether or not their union is recognized by the U.S. Government...that's something entirely different. I agree, that denying government recognition violates the notion "Equal treatment under the law". So the "remedy" is the only question to be answered. There are two (2) possible remedies... 1. Government recognition of same-sex marriage, or 2. Government getting out of the Social Engineering business (meaning, eliminate all government subsidies promoting marriage). Since the U.S. government is not authorized to engage in social engineering, Option #2 is the only choice.