The Defense of Marriage Act: The Crossroad of Love and Legislation

The Defense of Marriage Act: The Crossroad of Love and Legislation
Gabe Vick, 22 J. Am. Acad. Matrim. Law. 105 (2009)

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When it passed DOMA, Congress effectively restricted existing constitutional rights. DOMA poses a serious threat to fundamental personal privacy rights. By creating a sex-based classification, DOMA impedes on a person’s right to choose a spouse. Additionally, a couple married in one state will not enjoy the freedom to travel as a married couple and hold themselves out as such in sister states. Decisions regarding whom to marry and where to live fall within the penumbra of privacy rights. By creating a sex-based discrimination, DOMA impedes on a person’s right to choose a spouse.