Is the Defense of Marriage Act Constitutional?

Debating whether the anti-gay-marriage law passes muster.

March 11, 2011 RSS Feed Print
  • Comment (26)

Attorney General Eric Holder recently announced that the Justice Department will no longer defend the Defense of Marriage Act in court because it unconstitutionally discriminates. Advocates say the law is constitutional and reflects timeless realities of nature.
Edited by Robert Schlesinger

Yes

Tony Perkins
Former member of the Louisiana legislature and now president of the Family Research Council

In 1996 the federal Defense of Marriage Act was passed by large majorities in Congress and signed into law by President Clinton. It has two parts: One prevents states from being forced to recognize other states’ same-sex “marriages”; the other defines marriage as the union of one man and one woman...

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No

Joe Solmonese
President of the Human Rights Campaign, which works toward lesbian, gay, bisexual, and transgender equality

As Justice Anthony Kennedy wrote in his opinion in Lawrence v. Texas, which struck down state laws criminalizing intimate gay and lesbian relationships: “Times can blind us to certain truths and later generations can see that laws once thought necessary and proper in fact serve only to oppress.” The court...

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Is the Defense of Marriage Act Constitutional?

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Corrected on 3/14/11: A previous version of this page incorrectly spelled Mr. Solmonese's name.

Tags:
LGBT rights,
Eric Holder,
Congress,
Bill Clinton,
Supreme Court,
Anthony Kennedy

Reader Comments Read all comments (26)

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SEPERATION OF CHURCH AND STATE PEOPLE its a real thing and it was instituted for a very good reason.Have you heard of the crusades and how messed up that was?? all the bloodshed over religion? is that what we want again?

And also Marriage is between two people last time i checked so it has no affect on you personal beleifs and is frankly no one elses business its not destructive and should stop being treated as if its some huge threat that we need to be afraid of .

Its a simple question of human rights and the fact that people are so violently against it indicates 1) narrowmind views 2) HUGE amount of BIAS 3)PREJUDICE 4)irrational thinking

and quoting the bible on a social issue is wrong because we have freedom of religion and allowing someone to get married isnt gonna change your right to practice your religion.

CAMERON KING of CA 2:24PM April 03, 2013

In America laws are NOT to be based on religious grounds, so all these scriptures should hold no ground in this battle of morals. But since we're on that subject, the bible also states several times that the boastful ones, also, will not reach the kingdom of heaven.

Priscilla Weaver of IL 8:55AM March 14, 2012

1 Corinthians 6:9-10 - "Do you not know that the wicked will not inherit the kingdom of God? Do not be deceived: Neither the sexually immoral nor idolaters nor adulterers nor male prostitutes nor homosexual offenders nor thieves nor the greedy nor drunkards nor slanderers nor swindlers will inherit the kingdom of God."

Romans 1:26-27 - "Because of this, God gave them over to shameful lusts. Even their women exchanged natural relations for unnatural ones. In the same way the men also abandoned natural relations with women and were inflamed with lust for one another. Men committed indecent acts with other men, and received in themselves the due penalty for their perversion

You're adults and you should have the right to make your own choices but if you're going to use God and the Bible as an argument for your stance, then I will use it too.

To not believe in God or The Bible is one thing but several of you are using it as an excuse and you're using it incorrectly. Several verses in the Bible are hard to comprehend but these are not.

Aub of NY 9:12AM September 12, 2011

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