DOMA is struggling in many places because judges will not consider an argument that isn't made.Even if they firmly believe the law constitutional many cave out of fear of the Homosexual Brownshirts or they are socialist activists-AND with Obama blowing off his constitutional duty to defend DOMA even more do not want to offend the man who may appoint them to a higher court.
Homos have become so militant and intolerant we WILL have a privileged homosexual ruling class and since nausea inducing revulsion at homosexual behavior is instinctive in normal people there will be a severe,perhaps bloody backlash when the Homosexual PC terrorism goes too far—and it will.