For years, the left has claimed that they want marriage to be a state issue. But now the rubber has met the road on gay marriage, with the Obama administration issuing a request to the Supreme Court to strike down President Clinton’s Defense of Marriage Act, which allowed states not to recognize same-sex marriages performed in other states. Solicitor General Donald Verrilli now says that DOMA must be struck down under “the fundamental guarantee of equal protection.”
Of course, that assumes that legislation protecting traditional marriage violates equal protection clauses under the Constitution, an absurd position that suggests that all laws that affect people disproportionately are somehow unconstitutional. Marriage laws are perfectly neutral – men can marry women, not men. That is true for gay men and for straight men. The fact that the law does not have equal impact on straight men and gay men is of no concern under the Constitution. All laws have variant impact on different people. In fact, the Obama administration argues precisely that when they say that Obamacare regulations forcing Catholic businessowners to pay for health insurance covering contraception is not unconstitutional.