By Jr. David L. Hudson
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My administration will vigorously defend this act of Congress. Yet, there is no assurance that the Defense of Marriage Act will not, itself, be struck down by activist courts. In that event, every state would be forced to recognize any relationship that judges in Boston or officials in San Francisco choose to call a marriage. Furthermore, even if the Defense of Marriage Act is upheld, the law does not protect marriage within any state or city. For all these reasons, the Defense of Marriage requires a constitutional amendment.
The Employment Non-Discrimination Act is an essential additional step in preventing job discrimination. . In fact, this fundamental additional protection for America’s workforce is long overdue. Too many hardworking Americans are being judged on their sexual orientation, rather than their ability and qualifications. . The overwhelming majority of Americans believe that this type of discrimination is wrong. According to a 2003 Gallup study, 88 percent of Americans believe that gays and lesbians should have equal job opportunities.
620, 634–635 (1996) Amendment 2, however, in making a general announcement that gays and lesbians shall not have any particular protections from the law, inflicts on them immediate, continuing, and real injuries that outrun and belie any legitimate justifications that may be claimed for it. We conclude that, in addition to the far-reaching deficiencies of Amendment 2 that we have noted, the principles it offends, in another sense, are conventional and venerable; a law must bear a rational relationship to a legitimate governmental purpose.