The first is obvious: Congress has no business legislating any individual or class of people out of the Constitution. A sensible Supreme Court would say Congress doesn't even have the power to do that. It's too bad we don't have one.
Here's a very concrete problem — divorce.
If a straight couple from New York gets married in on vacation in France, then years later they move to California, then years later they decide to divorce, there's no problem. They file for a divorce decree from California and they have a legally enforceable property division.
Not for teh gheys.
A same-sex couple from Pennsylvania got married on vacation in Canada, then moved to Indiana where they lived for a few years, then decided to split. An Indiana judge recently held that since the state prohibits gay marriage, then it ipso facto prohibits gay divorce.
Put another way: You must pay for the Indiana justice system, but don't expect to use it, lezbos.
This is all perfectly legal under the Defense of Marriage Act. In fact, this is the very purpose; to carve out an exception to the Constitution that applies exclusively to gay citizens and no others, an exception that serves no legitimate governmental purpose but does politically appease superstitious bigots.
You may be thinking, "Well, it would be inconvenient and expensive, but couldn't the unhappy Indiana couple just file for divorce in a state that has gay marriage?"
Nope. Every state with some form of marriage equality has residency requirements for divorce. The shortest is six months. If those ladies want an enforceable division of assets, they must sell their property, abandon their careers, and decide which one of the handful of state that provide married gay couples legal rights they wish to relocate to.
Some days I cannot fathom why gays are not rioting in the streets.
Anyway, Jerrold Nadler recently introduced a bill in Congress called the Respect for Marriage Act to repeal DOMA. It doesn't require any state to perform or recognize same-sex marriage — which is appropriate — but it does allow legally married gay couples equal access to the federal programs and benefits that they've paid for and earned.
Former Congressman Bob Barr, who wrote DOMA, has issued a statement supporting Nadler's bill. Barney Frank won't sign on.
My head asplode.