Paul Clement, the lawyer hired by the House to argue the constitutionality of the Defense of Marriage Act, struggled to answer Supreme Court Justice Elena Kagan this week after she rebutted his argument that lawmakers' intent in passing DOMA was to establish uniformity among the states. Reading from a House Report, Kagan said the law was intended to "express moral disapproval of homosexuality." Amid gasps from those watching the proceedings, Clement answered, "Does the House Report say that? Of course, the House Report says that. And if that's enough to invalidate the statute, then you should invalidate the statute."

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