According to the ACLU, the law is "an unmistakable violation of the Constitution" and "a deplorable act of hostility unworthy of the support." In the end, despite strong arguments that support congressional powers to pass it, DOMA won't survive activist judges bent on using their evolving interpretations of personal liberty, equal protection, or due process to advance their policy objectives.
Gay and lesbian couples who consider themselves as family and are indeed families, are constitutionally required to be treated equally as any other U.S family . This equal treatment is required by the equal protection clause of U.S. constitution, which prohibits government discrimination based on sexual orientation and gender and any type of government discrimination that lacks a rational basis. So DOMA denies some very basic rights that the U.S constitution grants to its citizens, thus proving it is highly unconstitutional.
The conservative Christians state that same-sex marriage is unbiblical. The constitution itself separates state from church in The First Amendment, which states " Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances. " Yet only 52% of U.S population claims to be Christian of any denomination. The rest of the 48% are forced to Christianity which is not their religion. This again is against the constitution as the U.S constitution gives freedom to chose one's own religion. The constitutionality of DOMA comes in several ways, by denying the basic rights, such right to chose and follow one's own religion and right of equality.
Another issue that gays and lesbians face is their treatment in schools and colleges. If someone comes forward and claims their sexual orientation to be gay, they are met with resistance.
