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Federalism and Same-Sex Marriage

By Hugh Eastwood and Jason J. Smith
May 31, 2005

What is the meaning of “federalism” in the context of the same-sex marriage debate? Is it a set of consistent principles, or merely a strategic device capable of being used as both sword and shield by both sides? What limitations might federalism impose on the interpretation and construction of the federal Defense of Marriage Act (DOMA), the state “mini-DOMAs,” the proposed Marriage Protection Amendment, and the multiple state constitutional amendments banning same-sex marriage? Is it conceivable for the same-sex marriage issue ultimately to be resolved without a national solution?

These are some of the questions that distinguished panelists discussed at a recent symposium, “Breaking with Tradition: New Frontiers for Same-Sex Marriage,” sponsored by Yale Law School. Robert Post of Yale Law School was the moderator of the panel discussions.

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