That's why they say it violates "equal protection," and that's a fundamental misunderstanding right there. DOMA doesn't "target" gays and lesbians any more than it targets any other class of persons ineligible for marriage with each other: fathers and daughters, sisters-in-law, nine-year-olds, or triplets.
Its fundamental purpose is not to discriminate "against" gays, but to reaffirm the constant historic rational basis of marriage ---specifying a union which is potentially reproductive, as contrasted to potentially tennis-playing, foot-massaging, mutual-masturbating or condo-sharing.
"Not that there's anything wrong with that!" >:o/
The public "rational basis" for marriage is that it provides recognition and stability for the one-and-only kind of union which can inherently generate offspring.
Marriage wasn't invented by the state. It is not state property. It always has been, and still is, the only institution which unites children to their natural father and mother. The state can recognize it, can protect it, but cannot steal its name, delete its nature, and then launch something different in its stead.
I agree 1000 percent with every single thing you’ve written Mrs.D, but I do NOT believe that Scotus will overturn this. I believe that after the Texas ruling that essentially acknowledged homosexuality as acceptable, that the judges will simply rule that forbidding marriage is preventing homosexuals from a particular activity because others are permitted that activity.
It will take either a constitutional amendment or a new DOMA that includes the congressional power to prevent judicial review.
Please do not hear me disagreeing with your excellent essay detailing the only legitimate reason for advantaging marriage between a one man and one woman: potential procreativity and the rearing of children in the most positive setting which is the loving homeof their own biological parents.
What you are hearing me saying is that I believe Anthony Kennedy and John Roberts will not side with DOMA.