Coming collision: Romer and state defense of marriage acts
Loading...
Authors
Borchers, Patrick J.
Issue Date
2008
Volume
2008
Issue
6
Type
Journal Article
Language
Keywords
Alternative Title
Abstract
As same-sex marriage has passed from a hypothetical to a reality in a few U.S. states, the conflict-of-laws questions are entering a new and more subtle stage of debate. Because marriages are not judgments for purposes of the Full Faith and Credit Clause, no serious argument can be made that a same-sex marriage celebrated in a state such as Massachusetts that allows them need be recognized in a state that does not. Indeed, about 40 of the states have a "Defense of Marriage Act" (or "DOMA") that expressly forbids recognition of same-sex unions. However, some collision between these state Defense of Marriage Acts and the Supreme Court's decision in Romer v. Evans seems inevitable. Romer struck down as unconstitutional Colorado's Amendment 2 which would have prevented any state or local legislation treating homosexuality as a protected class. While it seems unlikely that Romer will be extended to fully invalidate state Defense of Marriage Acts, some application of them might potentially conflict with Romer. This seems to be especially likely where a same-sex marriage creates a right that an unmarried couple could create in some other way, such as by drafting a will.
Description
Citation
Patrick J. Borchers, The Coming Collision: Romer and State Defense of Marriage Acts, 2008 B.Y.U. L. Rev. 1635.
Publisher
License
Journal
Volume
Issue
PubMed ID
DOI
Identifier
ISSN
2162-8572
0360-151X
0360-151X