DOMA, the Constitution, and the Promotion of Good Public Policy

Posted: 17 Oct 2013

See all articles by Mark Strasser

Mark Strasser

Capital University - Law School

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article concludes by discussing some of the issues that will need to be sorted out even if section 2 is struck down or repealed.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

Strasser, Mark, DOMA, the Constitution, and the Promotion of Good Public Policy (October 15, 2013). 5 Albany Government Law Review 613-33 (2012), Available at SSRN: https://ssrn.com/abstract=2340488

Mark Strasser (Contact Author)

Capital University - Law School ( email )

303 E. Broad St.
Columbus, OH 43215-3200
United States
614-236-6686 (Phone)
614-236-6956 (Fax)

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