The Challenge Of Same-Sex Marriage
In November 1998, the Hawaii and Alaska electorates voted to amend their state constitutions so that same-sex marriages would not have to be recognized. Rather than end the controversy surrounding same-sex marriages, the passage of these amendments will only spur more litigation, because the referenda themselves implicate constitutional guarantees and because amending a state constitution cannot lessen federal constitutional protections. Since same-sex marriages promote many of the same...
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An examination of the constitutional dimensions of the same-sex marriage referenda in Hawaii and Alaska and a discussion of the limited conditions under which the U.S. Constitution will allow states to refuse to recognize same-sex marriages validly celebrated in a sister state once one state grants recognition.
AcknowledgmentsIntroduction1Marriage Rights12Equal Protection313The Referenda534Retroactive Legislation715Full Faith and Credit1016Subsequent Domiciles and Full Faith and Credit1257Natural Law and Same-Sex Marriage1598The Defense of Marriage Act187Selected Bibliography225Index245
