DOMA, the Constitution, and the Promotion of Good Public Policy
Posted: 17 Oct 2013
Date Written: October 15, 2013
Abstract
This symposium article discusses why DOMA section 3 was unconstitutional (including some of the rationales later offered in Windsor) and also discusses the constitutional vulnerability of DOMA, section 2, the full faith and credit provision. In addition, the article discusses some of the ways that both sections of DOMA are contrary to good public policy. Finally, the article concludes by discussing some of the issues that will need to be sorted out even if section 2 is struck down or repealed.
Keywords: DOMA, federal definition, marriage, full faith and credit, public policy, interstate recognition
JEL Classification: K10
Suggested Citation: Suggested Citation