As far as DOMA being unconstitutional, I give you these following words:
"Throughout my life I have strenuously opposed discrimination of any kind, including discrimination against gay and lesbian Americans. I am signing into law H.R. 3396, a bill relating to same-gender marriage, but it is important to note what this legislation does and does not do.
I have long opposed governmental recognition of same-gender marriages and this legislation is consistent with that position. The Act confirms the right of each state to determine its own policy with respect to same gender marriage[/U] and clarifies for purposes of federal law the operative meaning of the terms "marriage" and "spouse".
This legislation does not reach beyond those two provisions. It has no effect on any current federal, state or local anti-discrimination law and does not constrain the right of Congress or any state or locality to enact anti-discrimination laws. I therefore would take this opportunity to urge Congress to pass the Employment Non-Discrimination Act, an act which would extend employment discrimination protections to gays and lesbians in the workplace. This year the Senate considered this legislation contemporaneously with the Act I sign today and failed to pass it by a single vote. I hope that in its next Session Congress will pass it expeditiously.
I also want to make clear to all that the enactment of this legislation should not, despite the fierce and at times divisive rhetoric surrounding it, be understood to provide an excuse for discrimination, violence or intimidation against any person on the basis of sexual orientation. Discrimination, violence and intimidation for that reason, as well as others, violate the principle of equal protection under the law and have no place in American society.
Signing Statement, DOMA
Friday, September 20, 1996
Passed by super-majorities in both Houses of Congress,
and majorities among Democrats in both houses.
The allegedly offending passage of DOMA:
Defense of Marriage Act
Section 7, Definition of 'marriage' and 'spouse'
`In determining the meaning of any Act of Congress, or of any ruling, regulation, or interpretation of the various administrative bureaus and agencies of the United States, the word `marriage' means only a legal union between one man and one woman as husband and wife, and the word `spouse' refers only to a person of the opposite sex who is a husband or a wife.'.
♦ The only thing DOMA applied to was the definition of marriage for federal purposes.
♦ The federal government did not outlaw anything, as it did with polygamy, and as the court did with sodomy.
♦ It did NOT insist that the states recognize the federal government's definition that had been the sole definition recognized throughout this country's ENTIRE HISTORY!
♦ The Federal government does not even issue marriage licenses! The states are completely left alone and not violating state federalism at all! In fact the Court violates federalism by dictating the acceptance of this new definition.
♦ The ONLY thing DOMA did was the FEDERAL government regulating the FEDERAL government -- which is ENTIRELY A FEDERAL GOVERNMENT ISSUE, a legitimate act of Congress and nowhere the domain of equal rights!
The SOLE purpose of DOMA was the prohibition of States coming up with their own definition AND compelling that definition on other states by the corruption of the Full Faith and Credit clause. That's IT!
There was no denial of rights here. Rights are not any guarantee of outcome and reward! This was only the federal government indicating the terms by which it would recognize marriage, which is entirely within it's authority!
And in the hypocritical act of ALL TIME, the 5 liberal activist progressive judges have sought to deny the Federal Congress its legitimate authority of indicating the terms which only the Federal government would recognize marriage, by the abuse of the federal Court's position in the federal government to 1) dictate their own position, to the independent branch of Congress, 2) violating Separation of Powers, and 3) dictating that Federal Court's position to the allegedly sovereign States as well, violating state sovereignty!!
The U.S. Supreme Court has allegedly recognized the Sovereignty of states, but only select sovereignty, denying the sovereignty of other states entirely, so as to dictate its own Social Engineering dictate to the States and Congress as well!
Today the Supreme Court showed that it is NOT in defense of States Rights, but willing to dictate its own view of the terms of marriage by the Federal government, and deny Congress' own protection of those States Rights.
Simultaneously, regarding Prop 8, that Supreme Court denied the appeal, and allowed California to proceed to the denial of the will of the people in referendum, to deny enacted law, and to fail to defend that enacted law and already instituted into statute, with the State and Court wanting to have repeated bites at the same apple
to get the result it wanted, regardless of anything else, so that it may institute the dictates of a few elites in the State legislature, and Governor's office, to dictate the terms in disregard to all of the populace.
In one statement before the court is that "no other group in recent history has been subject to popular referendum to take away rights ... the way that gay people have." What they want is there own terms dictated, in disregard of states rights, in disregard of the people's view, in disregard to Congress's view.
In the hearing of this case, the Leftists Court Justices were arguing Federalism and states rights ALL DAY LONG, .... UNTIL it came to the states actually making decisions against their chosen outcome, UNTIL it involved the States making decisions on their own not dictated by one state under Full Faith and Credit abuse.
In Fact the Constitution itself, and even the meanings of terms therein, mean nothing to the left, NOTHING in comparison to the Progressive Utopian statist desire to dictate to all of society and impose their view on ever member of society. They DON'T WANT the states to make these decisions! And they only want the federal government to make these decisions, if they are the decisions they want!
There's no "rights" involved here; there is just a corrupt judiciary, and the rejection of the limits imposed on them by the U.S. Constitution.
Every single American should be greatly alarmed by this. Just as the emancipation of blacks from slavery was used to violate real rights and impose utopian dictate, so too will this be used to dictate even more intrusive terms, and annul individual rights.