A number of commenters have asked about the relationship between law and marriage. Some, for example, have taken issue with the statement in my paper’s abstract that “marriage is primarily a creature of state law.” So I thought it was worth explaining a little but more about the relationship between state law and marriage. Obviously, […]
Archive | Beyond DOMA
DOMA and Its Discontents
By William Baude, guest-blogging on December 12, 2011 8:15 am in Beyond DOMA, Constitutional Law, DOMA, Same-Sex Marriage, Uncategorized
Thanks to Eugene and the conspiracy for having me here. In my first post I thought I’d explain what the Defense of Marriage Act does and the circumstances under which it may be held unconstitutional. We can get into the choice-of-law stuff later. (The act, by the way, is known as “DOMA,” which gives rise […]