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Can someone give me some links to the constitutionality of banning gay marriage and the DOMA?

I'm writing a report on the constitutionality of several issues, one of which is gay marriage. I can find a plethora of information against the constitutionality of the DOMA and any kind of marriage ban but I need to present both sides and I am having trouble finding much of anything supporting a constitutional amendment regarding gay marriage. Everything I have found is religious or Wikipedia. I know there are some pretty opinionated women on here (lol) who might be able to point me in the right direction.

Thanks for your help!


Asked by Xynyth at 2:23 PM on Nov. 27, 2010 in Politics & Current Events

Level 16 (2,659 Credits)
This question is closed.
Answers (19)
  • ... so instead of arguing whether or not the DOMA is Constitutional, you should determine how each side is attempting to APPLY the Constitution, and thus present the "Constitutional" arguments that way.

    Answer by Gal51 at 3:07 PM on Nov. 27, 2010

  • You may have a problem with finding Constitutional support of the Defense of Marriage Act specifically (mostly because it isn't Constitutional). What you may have to do is argue from the point of view of precedence.

    Answer by Gal51 at 2:43 PM on Nov. 27, 2010


    Hope this helps.

    Answer by older at 2:32 PM on Nov. 27, 2010

  • re the banning of gay marriage....Have you tried the actual Constitution? There is NOTHING in it giving anyone the right to marriage. Items not specifically mentioned in the Con are left to the states AND the people according to the 10th amendment. It can be argued the allowing of gay marriage can be a violation of the 1st amendment..nothing shall "infringe" the practice of religion. Before using "due process" in the 14th amendment you must know it's original intent.

    Read the Congressional Records from June to September of 1789 to get a clearer picture on the original intent of the Constitution.

    I am not trying to start a debate. I only have another minute or 2 before I will be out for most of the day. I have argued "for" the constituitonality in great detail before.

    Good luck with your project! :)

    Answer by yourspecialkid at 2:53 PM on Nov. 27, 2010

  • You're not the only one having problems.... the state courts are having the same issues. Good luck!

    Answer by brandyj at 4:30 PM on Nov. 27, 2010

  • Thanks older, but that was one of the first ones I came across. Very unbiased. But thank you, I appreciate it :)

    Comment by Xynyth (original poster) at 2:36 PM on Nov. 27, 2010


    Answer by older at 2:36 PM on Nov. 27, 2010

  • Gal51, that's what I'm finding. I think the closest I can get IS the DOMA. Precedence might be a good idea. Thanks!

    Comment by Xynyth (original poster) at 2:47 PM on Nov. 27, 2010

  • I agree with Gal. It's not Constitutional. I mean, read the Constitution. You won't find it anywhere.

    Answer by lovinangels at 2:48 PM on Nov. 27, 2010

  • I know, but for the sake of my paper I have to argue it is KWIM? Makes cap and trade, and health care reform (the other two topics for my paper) easy by comparison lol.

    Comment by Xynyth (original poster) at 2:51 PM on Nov. 27, 2010