Republicans are desperate to preserve the discriminatory Defense of Marriage Act (DOMA). So far, a number of judges have ruled against DOMA, including Federal Judge Jeffrey White in San Francisco who ruled that DOMA represented a “moral disapproval of homosexuality, and a moral conviction that heterosexuality better comports with traditional (especially Judeo- Christian) morality,” by members of Congress who characterized same-sex marriage as “immoral,” “depraved,” “unnatural,” “based on perversion,” and “an attack upon God’s principles.”
Despite these facts supporting the unconstitutionality of DOMA, Senator Orrin Hatch and his Republican colleagues disputed in a court brief that the passage of DOMA was passed out of hatred of homosexuals.
“Congress sought to mitigate this national confusion by clarifying the definition of marriage for purposes of federal law, while preserving the authority of states to make determinations with regard to their own state laws,” Republicans wrote. “Congress sought to preserve the status quo, not disrupt it.”
Hatch and his cohorts also criticize the ruling of Judge White.
“This approach is corrosive to the rule of law, disrespectful of the co-equal branches of government, and ultimately destructive of democratic debate in a free society.”
Of course we all know that the Republican argument in this brief is full of crap. Hatch claims that DOMA was passed to prevent lawsuits, but that’s exactly what this law has caused. Republicans know full well that this law was going to be challenged when they passed it. DOMA specifically limits a group of people from getting married, which is a violation of the Equal Protection Clause of the Constitution.
This group of Republican Senators are whining because federal judges are ruling against their attempt to discriminate against gay American citizens. They are whining because the Constitution protects gay Americans as much as straight Americans. Discrimination of any kind in this country is antithetical to the equal rights guaranteed by the Constitution, and any Republican who fights for the right to discriminate against others is no friend of the Constitution. After all, if Republicans were friends of the Constitution they wouldn’t be nominating judges who disgrace the document with nearly every ruling for the sake of forcing their unconstitutional agenda on the American people.
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