Yeah, it would be an overreach just like if DOMA banned any marriage. DOMA, however, didn't do that. It stated that for federal purposes marriage is defined as one man one woman. That is far different from banning marriage as an activity. If DOMA said "for federal purposes a marriage is defined as one certified by the courts and voided if also married in a church" I would say that is constitutional in terms of the 5th amendment.
The true DOMA and my made up example are both bad laws. It is about time we begin to understand what the constitution ACTUALLY says and not try to make it say what we want it to say.
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