About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

75 Ohio St. L.J. Furthermore 1 (2014)

handle is hein.journals/furth75 and id is 1 raw text is: Till Death Do Us Part: Obergefell v. Kasich and the Reconciliation of Patchwork Extra-jurisdictional Same-Sex Marriage Laws JOSHUA SNOWDEN* I. IN TR OD U CTION ..................................................................................... 1 II. OBERGEFELL V. KASIc i ...................................................................... 2 III. EXTRA-JURISDICTIONAL SAME-SEX MARRIAGES UNDER THE FOURTEENTH AMENDMENT .............................................................. 3 IV . C ON CLUSION ..................................................................................... 7 I. INTRODUCTION Those five words-till death do us part-take on a palpable meaning for John Obergefell and David Michener, two plaintiffs in Obergefell v. Kasich.1 Following the U.S. Supreme Court's decision to strike down Section 3 of the Defense of Marriage Act (DOMA)2 in United States v. Windsor,3 Obergefell will help resolve the interplay of Section 2 of DOMA4 and the Full Faith and Credit Clause (FFCC).5 In addition to challenging Ohio's ban on same-sex * J.D. Candidate, The Ohio State University Moritz College of Law, expected 2014; M.H.A. Candidate, The Ohio State University College of Public Health, expected 2014; B.A. in Political Science, Missouri State University, 2010. 1 would like to thank Professor Ruth Colker for her guidance and feedback. INo. 1:13-cv-501, 2013 WL 3814262 (S.D. Ohio July 22, 2013). 2Defense of Marriage Act, Pub. L. No. 104-199, 110 Stat. 2419 (1996). DOMA Section 3 provides: In determining the meaning of any Act of Congress, or of any ruling, regulation, or interpretation of the various administrative bureaus and agencies of the United States. the word marriage means only a legal union between one man and one woman as husband and wife, and the word spouse refers only to a person of the opposite sex who is a husband or wife. I U.S.C. § 7 (2012). 3 133 S. Ct. 2675, 2695 96 (2013) (DOMA singles out a class of persons deemed by a State entitled to recognition and protection to enhance their own liberty. It imposes a disability on the class by refusing to acknowledge a status the State finds to be dignified and proper.). 4 Section 2 of DOMA provides: No State, territory, or possession of the United States, or Indian tribe, shall be required to give effect to any public act, record, or judicial proceeding of any other State, territory. possession. or tribe respecting a relationship between persons of the same sex that is treated as a marriage under the laws of such other State. territory, possession, or tribe, or a right or claim arising from such relationship. 28 U.S.C. § 1738C (2006 & Supp. 2011). 5 Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State. U.S. CONST. art. IV, § 1.

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most