More on h0m0s3%ual marriage

One cause for activists on the political Right to seek a Constitutional amendment to ban gay marriage is that the Defense of Marriage Act has not been tried in the Courts, and likely will fall. They say they must begin the long and arduous process of ratifying the amendment because the DOMA won't stand.

Eugene Volokh, UCLA Law School, on how the Defense of Marriage Act would fare in the Courts:
The Court did not clearly say or signal that DOMA was unconstitutional; the Court held that criminalizing sexual conduct [in Lawrence v. Texas] violated people's liberty, not that homosexual couples were entitled to equal access to the benefits flowing from marriage. And my sense is that most constitutional scholars (not all, but most) that have considered the issue believe DOMA would be upheld.

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