DOMA: An Unconstitutional Establishment of Fundamentalist Christianity

Donovan, James M.

Journal: Michigan Journal of Gender & Law

Volume: 4

First Page: 335

Year: 1997

Bluebook Citation: 4 MICH. J. GENDER & L. 335 (1997)

Author: James M. Donovan: all 11 publications


Abstract

According to the text of the Act, DOMA's purposes are "to define and protect the institution of marriage," where marriage is defined to exclude same-sex partners. To be constitutionally valid under the Establishment Clause, this notion that heterosexual marriages require "protection" from gay and lesbian persons must spring from a secular and not religious source. This Article posits that DOMA has crossed this forbidden line between the secular and the religious. DOMA, motivated and supported by fundamentalist Christian ideology, and lacking any genuine secular goals or justifications, betrays the Establishment Clause of the U.S. Constitution.

Chat with this journal article using AI

Ask CiteLaw's AI Navigator anything about this journal article, verify citations, and research related authorities. Sign up for CiteLaw free today to get started.