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William Mitchell Law Review

Publication Information

31 William Mitchell Law Review 1649 (2004-2005)

Abstract

This note examines the constitutionality of Minnesota’s proposed marriage amendment. The note begins with a description of the recent national events leading up to the amendment’s proposal, followed by a discussion of the history of marriage in Minnesota, including passage of the Defense of Marriage Act in May 1997. Next, the note examines the language of Minnesota’s proposed marriage amendment and briefly addresses the process of amending state constitutional provisions. It then analyzes the proposed amendment’s constitutionality under the Full Faith and Credit Clause, the Due Process Clause, and the Equal Protection Clause of the United States Constitution. Finally, the note discusses Congress’s proposal of a Marriage Protection Act and the implications this would have on federal courts’ ability to review same-sex marriage controversies.