Document Type
Article
Publication Date
3-5-2012
Abstract
For the purposes of writing a article on same-sex divorce, it became necessary to categorize the various state Defense of Marriage Act (DoMA) statutes and constitutional amendments to analyze how each type of DoMA might handle a petition for same-sex divorce. In doing so, I developed six different categories: (1) No DoMA; (2) Definitional DoMAs; (3) DoMAs that void same-sex marriages; (4) DoMAs that explicitly deny benefits of marriage; (5) DoMAs that declare that there is no same-sex marriage to dissolve; and (6) DoMAs that explicitly prohibit same-sex divorce. This document shows which state DoMAs fall into each of these categories. The states listed in each category are also color coded to show if there is same-sex divorce caselaw precedent in that jurisdiction and, if so, whether same-sex divorce was granted or denied.
Recommended Citation
Holzer, Erica A., "DoMA Statutes and Same-Sex Divorce Litigation" (2012). Student Scholarship. 2.
https://open.mitchellhamline.edu/stusch/2