DOMA is unconstitutional. I expect it to go down in flames. Why?
The Federal Government doesn’t have the Constitutional authority, the power, to regulate “marriage”. It isn’t even mentioned.
I discovered the following and believe this to be a good suggestion. Maybe it is too liberating for some, but to me it makes sense.
“The colloquy on same-sex marriage ignores the most compelling alternative: abolish civil marriage. The classic way for a diverse polity to resolve contentious issues with minimum strife is to decentralize and privatize those issues. A world without civil marriage would be a world in which everyone can pursue his or her own vision of marriage without imposing those views on others.”
“Abolishing civil marriage would ultimately be good for marriage by ending the government’s legal monopoly defining the family. The resulting competition among alternative forms of marriage would strengthen the institution, just as competition among religions has made America a more religious society than societies with established churches.”
“Though not without its complications (including the problems of transition), abolishing civil marriage is the best alternative for our diverse society.”
Edward A. Zelinsky
Benjamin N. Cardozo
School of Law
Yeshiva University
New York
Actually, biology defines the family ~ attempts to arbitrarily restructure families according to some sort of ideology invariably fail.
DOMA doesn’t regulate marriage.