1) DOMA does violate equal protection, and equal protection will be used to strike it down. 2) This issue has nothing to do with the 10th amendment, and as I keep having to explain to people, the 10th amendment does not actually bar the federal government from doing anything. 3) Marriage is not a power. It is, however, a federally protected civil right. 4) Marriage is not covered under contract law. Family law is its own special body.
Seriously, learn something true about the US system of law before you make these pronouncements.
What would be so bad about that?
Liberté. Égalité. Fraternité.
I say let em' have it, they might as well suffer like the rest of us...
If it sounds like Marx and acts like Stalin...it must be Obama
DOMA doesn't prevent states from allowing gay marriage. It prevents the federal government from recognizing any marriages between gay couples for the purpose of federal laws or programs, even if those couples are considered legally married by their home state. And it allows states that don't permit gay marriage to not recognize such marriages if performed in another states.
Only the section that deals with federal recognition is being currently challenged in court, and it will be a equal protection question, I'm pretty sure. The issue will be on what basis the federal government can disallow marraige tax and benefit treatment for gay marriages that are legal in states that allow it.
I really think even without strict scrutiny, DOMA will be overturned.
2 rulings on Windsor so far, both disagree with your assessment.
The court ruled that Section 3 of DOMA violated the equal protection because there was no rational basis to support it.