Law Commons^™

Contextualizing Varnum V. Brien: A "Moment" In History, Patricia A. Cain

Faculty Publications

Varnum v. Brien is the last case in a line of state constitutional law challenges in what has been a a fifteen-year campaign by LGBT public interest lawyers seeking legal recognition for same-sex couples. While the litigation may be over for now, the larger battle is just beginning. The Iowa Supreme Court’s ruling in Varnum will play a central role in this future battle. It stands as part of a major “moment” in the modern history of recognizing equal marriage rights for same-sex couples. This article describes the historical context in which Varnum was litigated and identifies three important “moments” …

Doma And The Internal Revenue Code, Patricia A. Cain

Faculty Publications

The purpose of this article is to make the argument that I think needs to be made: DOMA, as applied to the Internal Revenue Code as a whole, is unconstitutional because it lacks a rational basis.

Let me explain, up front, that my constitutional argument about § 3 has nothing to do with whether Congress has the power to enact such legislation. Congress, after all, does have the power to levy taxes and control our borders. Thus, Congress should have the power to determine which married couples can file a joint return and which non-citizen spouses can be given preferential …