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View Diary: Elena Kagan proves that DOMA's original intent was bigotry, not tradition (129 comments)

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  •  DOMA is a perfect example of the hypocrisy (1+ / 0-)
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    doraphasia

    of the far right.

    Although DOMA was passed overwhelmingly by both parties, the GOP is the party constantly harkening back to original intent in the Constitution.  But, when it comes to DOMA, they conveniently look the other way.  Nowhere in the Constitution does it give the federal gov't the right to define "marriage".  So they drop back to their other position - they are defending "tradition".

    For the Originalists on SCOTUS, like Scalia and Thomas, this should be a no-brainer. DOMA is un-Constitutional.  But, I am sure they will find some way around that as most other conservatives do.

    The one limiting factor here, however, is that the US Gov't has been in the marriage business for many many years, and has thousands of regulations that require some definition.  Millions of people, as was pointed out to me yesterday in a comment, are dependent on the current definition of "marriage".

    I don't know what the answer is, or what it would mean if DOMA is thrown out... it's a real tough one.  But, in my opinion, it should be thrown out.

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