Original Understanding of the Full Faith and Credit Clause and the Defense of Marriage Act, The
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Authors
Whitten, Ralph U.
Issue Date
1999
Volume
32
Issue
Type
Journal Article
Language
Keywords
Alternative Title
Abstract
INTRODUCTION|The recent debate over the impending Hawaiian validation of same-sex marriage has ensnarled my favorite constitutional clause,the Full Faith and Credit Clause, in controversy. The notion, now well publicized, is that when Hawaii validates same-sex marriage,Hawaiian same-sex marriages will have to be treated as valid by other states under the first sentence of the Clause. Acting under the second sentence of the Clause (the Effects Clause), Congress enacted the Defense of Marriage Act ("DOMA") in 1996 to forestall this possibility. DOMA, which essentially allows the states to decide for themselves whether to recognize same-sex marriages performed in other states(as they did before DOMA), provides...
Description
Citation
32 Creighton L. Rev. 255 (1998-1999)
Publisher
Creighton University School of Law