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Sociology

2013

Defense of Marriage Act

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Mobile Activism: What Your Profile Picture Says About You, Laura J. Koenig Apr 2013

Mobile Activism: What Your Profile Picture Says About You, Laura J. Koenig

SURGE

I know you’ve all been seeing this image all of your Facebook news feeds. All of the sudden a few weeks ago it became everyone’s profile picture. People were sharing it, along with other images, explaining why Prop. 8 and the Defense Of Marriage Act should be repealed, and were generally expressing their support of marriage equality. [excerpt]


United States V. Windsor And The Role Of State Law In Defining Rights Claims, Ernest A. Young Jan 2013

United States V. Windsor And The Role Of State Law In Defining Rights Claims, Ernest A. Young

Faculty Scholarship

The Supreme Court’s recent decision in United States v. Windsor is best understood from a Legal Process perspective. Windsor struck down Section 3 of the federal Defense of Marriage Act (“DOMA”), which defined marriage as exclusively between a man and a woman for purposes of federal law. Much early commentary, including Professor Neomi Rao’s essay in these pages, has found Justice Kennedy’s opinion for the Court to be “muddled” and unclear as to its actual rationale. But the trouble with Windsor is not that the opinion is muddled or vague; the rationale is actually quite evident on the face of …