Holy ******* ****.
Is OJ Simpson a murderer? There's evidence suggesting he is. But the courts didn't say he was. So is he, yes or no?
Is DOMA unconstitutional? There's a theory suggesting it probably is. But the courts haven't said it is. So is it, yes or no?
"Unconstitutional" doesn't necessarily mean "as ruled by SCOTUS." In the same way people will judge Ray Lewis, or Aaron Hernandez, or George Zimmerman as murderers, even though the court system hasn't necessarily agreed with them, at least yet for some of those guys. The wall youre both banging your heads against is essentially arguing semantics.