Your logic is absurd, who would marry anyone of the same-sex except a homosexual, well okay maybe a bi-sexual. Thus your preventing everyone from doing something that impacts only the group that wants to do it, just as the interracial prohibitions of some of the states did with their unconstitutional laws.
Who would marry three women except a bigamist? Who would drink under 21 but someone who wants to? What does who wants to do it have to do with the law? I mean, maybe my buddy whose best friend can't get life insurance would marry someone to get insurance benefits. Maybe the old woman about to pass away would marry someone to give them soc sec benefits. Maybe I would marry a second wife so she can become a legal citizen, and never see her again. There are lots of reasons to do illegal things.
A civil union would not stop any of these, but it would provide the people trying to change the definition of a word for no apparent good reason to get the "rights" they want. So, I don't understand the argument. I
want to go twice the speed limit everywhere I go, is the law discriminatory to middle aged white guys?
But the law does not do that. The contention as I see it is that the DOMA states
I admit ignorance to what a DOMA state is. However, the law does do that. It allows for someone to have virtually all of the "priveleges", it's just harder and more time consuming to obtain. The "rights" are not denied, just harder to come by. And, that's not fair. Go with a civil union, gain the rights, and don't change the definition of a word for no apparent reason.
As such a “union” declared valid in California might not be valid in any other state. That violates the 14th Amendment provision of “No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States”. Take the common-law marriage, as it applies to Maryland you can not establish one but one established in a state where they are allowed is recognized by Maryland. Or you could look at allowable ages for getting married in the many states, there is no standard, yet once married if the couple moves to another state with differing age requirements they are still considered married. What Congress did with the DOMA was strip the recognition of a state right given to the people from being recognized and honored by other states.
Again, I will admit my ignorance of DOMA.
However, if the problem is other states recognizing a union as prescribed by one state, the founders already thought of that. Article 4, Section 1:
Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State. And the Congress may by general Laws prescribe the Manner in which such Acts, Records and Proceedings shall be proved, and the Effect thereof.
I can't honestly see how one state would not recognize another state's union.