Marriage: Turn "DOMA" into an amendment instead (if necessary)?

[David__77]

If it comes to the point that political reality means that a marriage-related amendment of some form has enough votes to pass congress, Democrats must instead propose an alternative. This would make the "Defense of Marriage Act" into a constitutional amendment. While very far from an ideal situation, such an amendment would much more closely adhere to the president's stated aim of having a "democratic solution." The amendment that the president is proposing, however, not only would never by voted on by a single voter, but also allow states to change the definition of marriage in the future.

Roughly:

"A state may not be required by federal or states courts to accept marriage performed elsewhere that do not conform to that state's definition of marriage."

The real aim of this amendment is not to counter "activist courts." It is to counter the future. People under 35 support marriage equality, and it won't be long before a one state's voters or legislators would support marriage rights for same-gender couples. The rightists are trying to freeze the status quo and stop a debate they fear they might lose in the long-term.

I expect the Democratic Party to most emphatically oppose any amendment at all. But, if more than a third of congress cannot be assured to vote against the Bush-supported amendment, then another one must be proposed instead--one to constitutionalize the "DOMA."