Interstate Recognition of Same-Sex Marriage after Windsor
Last June, the headlines said that the Supreme Court’s decision in United States v. Windsor struck down The Defense of Marriage Act. But this is only half true. The Defense of Marriage Act had two important provisions. Section Three defined “marriage” for purposes of federal law as being limited to the union of one man and one woman. It was invalidated in Windsor. But the Act’s other section, Section Two, says that states are not required to recognize one another’s same-sex marriages. Section Two was not invalidated, but it may be soon.
Indeed, the validity of Section Two is a natural question after Windsor. Putting it more generally, the question is whether states are constitutionally required to recognize same-sex marriages that were celebrated elsewhere.
