The Retreat from Doma: The Public Policy of Same-Sex Marriage and a Theory of Congressional Power under the Full Faith and Credit Clause

dc.contributor.authorSack, Emily J.en_US
dc.date.accessioned2013-02-18T16:03:45Z
dc.date.available2013-02-18T16:03:45Z
dc.date.issued2005
dc.description.abstractINTRODUCTION|In a 1980 case rejecting the right to same-sex marriage, the court concluded: [T]he time may come, far in the future, when contracts and arrangements between persons of the same sex who abide together will be recognized and enforced under state law . . . [b]ut in my opinion, even such a substantial change in the prevailing mores would not reach the point where such relationships would be characterized as marriages. That point was reached a mere twenty-three years later when Massachusetts highest court held that the prohibition on same-sex marriage violated due process and equal protection rights under the state Constitution. In the aftermath of the Goodridge decision, other state courts have begun to consider similar cases. While the potential impact of such a ruling has been anticipated and discussed for several years, these discussions have now moved beyond the hypothetical. With vast differences in state policies and laws, as well as federal legislation on the subject, it is only a matter of time before the same-sex marriage issue comes before the United States Supreme Court...en_US
dc.description.note2004-2005en_US
dc.description.pages507en_US
dc.description.volume38en_US
dc.identifier.citation38 Creighton L. Rev. 507 (2004-2005)en_US
dc.identifier.urihttp://hdl.handle.net/10504/40523
dc.publisherCreighton University School of Lawen_US
dc.publisher.locationOmaha, Nebraskaen_US
dc.rights.holderCreighton Universityen_US
dc.time.yr2004-2005
dc.titleThe Retreat from Doma: The Public Policy of Same-Sex Marriage and a Theory of Congressional Power under the Full Faith and Credit Clauseen_US
dc.title.workCreighton Law Reviewen_US
dc.typeJournal Article
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