Is DOMA Defensible? A Survey of American Courts on the Definition of Marriage


Gay marriage activists have tried to claim that DOMA is "indefensible." Over at the Institute for Marriage and Public Policy, William C. Duncan has published a legal analysis of DOMA (read it here) to see how it withstands these claims.

He explains the brief: "Examining precedent from various courts, it demonstrates that the weight of authority is strongly in favor of the argument that DOMA is constitutional and that there is no reason to believe that strong arguments can’t be made in its defense."

Jordan Lorence, Senior Vice-President and Senior Counsel at the Alliance Defense Fund, contributes and points to even more compelling arguments that DOMA is constitutional.