The Defense of Marriage Act (DOMA) : its impact on those seeking same sex marriages

P. Clarkson-Freeman

Recognition of same-sex marriage has been a goal of many in the gay rights movement. With the passage of the Defense of Marriage Act (DOMA), same-sex relationships will not be afforded the same opportunities as heterosexual relationships. This paper will discuss the process leading to the passage of the DOMA, and will argue that the passage of this piece of legislation was a misuse of Article IV, Section 2 of the United States Constitution, "Full Faith and Credit." The Defense of Marriage Act represents an extraordinary act of Congress, as they have rarely passed legislation under this mandate and have never passed legislation that curtails full faith and credit. Strategies that can be utilized to overcome the constraints of the DOMA will also be included.[Copies are available from: Haworth Document Delivery Center. The Haworth Press, Inc., 10 Alice Street, Binghamton, NY 13904-1580, USA]