DOMA and the Constitution
Mark P. Strasser, 58 Drake L. Rev. 1011 (2010)
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Part II of this Article addresses some of the constitutional issues implicated in the full faith and credit provision and discusses some of the different possible constructions of the provision and the ways that these different constructions would make the provision more or less vulnerable to constitutional attack. Part III analyzes some of the special constitutional difficulties associated with the provision defining marriage for federal purposes. The Article concludes that DOMA is vulnerable on a number of grounds, some peculiar to the jurisprudence associated with the substance of the respective provisions and others that might invalidate both provisions. While it is not clear whether the Supreme Court will ultimately hear a constitutional challenge to DOMA or, if so, how the Court will rule, it is clear that the analysis offered by the Court will likely have important implications for individuals’ rights and for state and congressional powers.
