Of course it’s pretty self evident that DOMA discriminates. Of course discrimination by itself isn’t wrong… its only wrong when based on ‘wrong’ criteria (I discriminate based on party affiliation all the time in the voting booth). I look forward to the case because I suspect that the government will have to show that the grounds by which discrimination is permissible. Presumably they will have to show some standing theory on how married gay couples are dissimilar enough to married hetero couples to justify the differing treatment. Moreover, I think they’ll have to explain how the differences they show are relevant to the rights in question.
Mary Bonauto, GLAD’s Civil Rights Project director, said the lawsuit is the first major challenge to the section of the law that denies same-sex couples access to more than 1,000 federal programs and legal protections in which marriage is a factor.
Laurence Tribe, a constitutional law professor at Harvard Law School, said the lawsuit is a “plausible challenge” to DOMA.