A number of folks have been saying from the very beginning, that the fight against same-sex marriage has had nothing to do with fairness and real democracy, but rather, has been totally and completely an effort to force the religious views of some onto others. Now, an attorney for the American Family Association makes that really clear, and I believe his comments will help push the struggle for Marriage Equality even closer.

The anti-gay American Family Association’s general counsel Pat Vaughn said this week that while he believes marriage should be between a man and a woman, the 1996 Defense of Marriage Act that bans the federal government from recognizing same-sex unions is “probably unconstitutional.”

In a segment for the AFA Report, host Ed Vitagliano asked Pat Vaughn if he agreed with former House Speaker Newt Gingrich’s call to impeach President Obama over his recent decision to no longer defend Section 3 of the Defense of Marriage Act.

Vaughn responded, “I think that Newt Gingrich is an astute politician and he is playing this for all it’s worth. I think that marriage is defined by God as between a man and a woman.”

“However, the Defense of Marriage Act is probably unconstitutional, particularly … if you attempt to apply it so that to say that a marriage conducted in one state is not in effect in another. That clearly violates the Constitution.”

So, are laws of this great land, where there is Freedom of Religion and Freedom from Religion, based on what God defines or on what we as people who believe that all are created equal define? Clearly the AFA has been arguing that our legal system should be rooted in the religious perspectives of only some Americans. Would that be real democracy?

There are two other points here that are worth pointing out.

1. Newt Gingrich: Poor old Newt! He is trying to find some way to remain relevant and so he is jumping on a reasoned and thoughtful (and fully constitutional) decision, and trying to make political hay out of it. He is, in the words of this anti-gay lawyer, “playing this for all it’s worth.” Even the anti-gay lawyer admits freely that the law is unconstitutional! Gingrich doesn’t care about the constitution or what is really fair law. He only cares about trying to score political points. Remember this is Newt “how many affairs and marriages have I had” Gingrich we are talking about here.
2. “[DOMA] clearly violates the constitution.” So this lawyer says so clearly that this law violates the constitution! How amazing is that, yet the GOP is still considering appealing the cases and defending DOMA. The GOP doesn’t care about the Constitution! They care about having complete power.

Anti-Gay Group’s Attorney Says DOMA is Probably Unconstitutional.