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.

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