Alex Blaze

AFA Lawyer: DOMA Is Probably Unconstitutional

Filed By Alex Blaze | March 02, 2011 7:00 AM | comments

Filed in: You Gotta See This
Tags: AFA, American Family Association, lesbian, LGBT, marriage

An American Family Association attorney says that DOMA is probably unconstitutional, "particularly" Section 2.

Also, didn't hear this Newt Gingrich quotation, in which he equates the Holder letter to Sarah Palin declaring a Supreme Court decision unconstitutional. Yeah, that would have totally been the same thing.

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When the US Supreme Court declared that Congress' intent was that Title 42 Section 1981 only apply to Blacks SEEKING to contract (and not to Black who had contracted), Congress passed law holding that the Supreme Court's interpretation of Title 42 Section 1981 was IN ERROR. So, from this, does not one have to conclude that the ultimate decider of what is and what is not constitutional is Congress?

In other words, if the US Supreme Court does rule that DOMA is unconstitutional, Congress can then simply pass law stating that the Supreme Court's interpretation of the constitution with respect to DOMA was in error (as Congress did with respect to the Supreme Court's position on Title 42 Section 1981).

I think that might be the case if the Supreme Court decision depended on legislative intent and not just constitutional law. If it's the latter, then they'd have to pass a constitutional amendment and get 3/4 of the states to agree too.