ARTICLE: AS GOES DOMA . . . DEFENDING DOMA AND THE STATE MARRIAGE MEASURES Skip over navigation
LexisNexis® Browse Law Reviews and Treatises
Skip over navigation
Sign in with your lexis.com® ID to access the full text of this article.
-OR-
Order the full text of this article if you do not have a lexis.com® ID.
 
Price: 
US $22.00 (+ tax)
 
 

Copyright (c) 2011 Regent University Law Review
Regent University Law Review

ARTICLE: AS GOES DOMA . . . DEFENDING DOMA AND THE STATE MARRIAGE MEASURES

2011 / 2012

Regent University Law Review

24 Regent U.L. Rev. 1

Author

Joshua Baker* and William C. Duncan**

Excerpt



Introduction

On April 22, 2011, a commentator posting on the Los Angeles Times website alleged, "DOMA forces the federal government to discriminate against same-sex married couples and to treat their families as unworthy of protection or respect. A law that serves only to designate some families as second-class citizens has no principled defense." 1 This view-not merely that the Federal Defense of Marriage Act ("DOMA") 2 represents misguided public policy, but that it is a statute for which no principled defense can be made-increasingly animates the current efforts to invalidate or repeal DOMA and, at the same time, exerts an unjustified social pressure that serves to marginalize or to silence those who would defend marriage. 3

By contrast, while advocates and many elite institutions assert that only irrationality or animus can explain objections to same-sex marriage, the American people have clearly taken steps in the opposite direction to defend marriage. Forty-one states have now adopted legal protections for marriage, with the vast majority having done so in the fifteen years since DOMA was adopted. 4 Moreover, since 1998, voters in thirty states have approved state constitutional amendments defining marriage, taking the strongest legal step available to them in protecting marriage against governmental redefinition. 5 By contrast, just six states and the District of Columbia have explicitly recognized same-sex unions as "marriages," and not once did these jurisdictions recognize same-sex marriages by popular vote. 6

So, is DOMA defensible? Can a ...
 
 
If you are interested in obtaining a lexis.com® ID and Password, please contact us at 1-(800)-227-4908 or visit us at http://www.lexisnexis.com/.
Search Documents
 
eg., Environmental Insurance Coverage Under the Comprehensive General Liability Policy
 
 
 
 

Lexis® Web - The only search engine that delivers free web content specifically from legal sites validated by LexisNexis® attorney editors and includes tools for faster research and more relevant results.

 
LexisNexis Store
Research Now - Go to lexis.com
Connect the Dots - Free 1 hour webcast
Share. Network. Discover. - Go to LexisNexis Communities