Discussing marriage now without Justice Kennedy is like playing Hamlet without the first grave-digger.

In Section 3 of DOMA, the Congress stipulated that “marriage” would refer only to “a legal union between one man and one woman as husband and wife.” But to Justice Kennedy this affirmation of the meaning of marriage bristled with hatred and condemnation. In affirming marriage as the relation of a man and woman, Congress showed a disposition to “disparage” and “demean” gays and lesbians, to deny their “equal dignity” and affect them with a “stigma.”

As Justice Scalia pointed out, Kennedy was essentially charging with bigotry the people who had drafted this bill, but also the 85 Senators and 347 congressmen who voted for it, along with the president (Clinton) who had signed it. Hate-mongers all.

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