Apologies for the source

[ProSense]

10. First of all

Volokh is a RW blog.

Secondly, the author seems to be arguing against repealing DOMA, or at the very least trying to create the impression that the case for doing so isn't justified.

The official statements from the Justice Department do not raise any federalism concerns and rest the conclusion that DOMA is unconstitutional (and that no reasonable arguments may be made in its defense) on the basis that distinctions based on sexual preference are subject to intermediate scrutiny, that there are no important government interests in maintaining a traditional definition of marriage, and that animus may have contributed to DOMA’s passage. While there are other arguments that could challenge DOMA without threatening state laws (such as those suggested by Will Baude), the Adminsitration’s arguments, were they to prevail against DOMA, would be the death knell for state laws as well. If a federal law supported by Senators Biden, Dodd, Reid and Wellstone — and signed into law by President Clinton — were impermissibly tainted by anti-gay animus, it’s hard to see how state laws barring same-sex marriage would not be as well.

This is pure obfuscation.

Finally, why the hell is anyone listening to Jonathan H. Adler:

"Adler supported former Tennessee Senator Fred Thompson in the 2008 presidential election."

http://en.wikipedia.org/wiki/Jonathan_H._Adler

Two dumbasses.