Ten GOP members of the U.S. Senate have filed a Supreme Court brief against the overturning of DOMA and one of them if the notorious self-loathing closet case Lindsey Graham.
Notwithstanding the Attorney General’s belated discovery of DOMA’s allegedly unconstitutional motivation, this argument is flawed because legislative motivation is not a basis for setting aside a federal statute supported by legitimate and rational government interests. This Court’s precedents do not sup-port evaluating the constitutionality of a federal statute based on subjective characterizations of the motives of individual legislators. In any event,support for traditional marriage cannot be equated to“animus,” as Justice O’Connor observed in her concurrence in Lawrence v. Texas, 539 U.S. 558, 585(2003). It would be particularly inappropriate to invalidate DOMA based on the alleged motivations of individual supporters, given that the statute was passed with overwhelming bipartisan support and signed into law by President Clinton.
Graham a “lifelong bachelor” is well-known in D.C. to be a closeted homosexual in the tradition of Ken Mehlman and Roy Cohn and has never been officially outed.