Will the Supreme Court rule that the Defense of Marriage Act is unconstitutional? Bill Bennett’s Morning in America: Constitutional attorney David Rivkin provides an in-depth analysis of the Supreme Court second case on gay marriage. 1,100 federal statutes use the term “marriage” without defining it. At the time the laws were passed, marriage was assumed to mean “between a man and a woman.” Nine states permit unions between members of the same sex. The federal government has an interest in uniformity. Simultaneously, under the principle of federalism, the federal government should not overstep the police powers of the states. The Bennett-Rivkin discussion explains the issues in this case about the Defense of Marriage Act.