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Cher: The demise of DOMA ‘was amazing but it should never have even been a law’

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  1. True statement. I have always understood, though, that DOMA was a saving play to fend off the alternative – a Constitutional Amendment which would have taken much more time and effort to eventually overturn.

    I know Bill Clinton is regretful. But I also think that the anti-LGBT animus was so cultivated and pronounced that a Constitutional Amendment actually seemed like a possibility, and would have been a disaster.

    Clinton was caught between Scylla and Charybdis, and I don’t know if, like legislation, a Constitutional Amendment would have been something he could veto.

    1. Thanks for that explanation, Valksy. I always wondered about the precise details of why DOMA existed in the first place.

      1. Under President Obama’s instruction, the Department of Justice filed a brief refusing to fight to uphold DOMA in one of the cases (Golinski). That brief noted expressly that the law was motivated by clear statements of anti-LGBT animus. This point was also repeated in the decision the Supreme Court made.

        Keep in mind that a change to the Constitution itself requires two thirds of both houses in accord. Checking the records, I notice that DOMA passed by 85/14 in the Senate and 342/67 in the House. Those stats are very suggestive of a Constitutional Amendment making marriage 1 man and 1 woman being very much possible in the mid 90s.

        1. Thank you again : )

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