DoMA Statutes and Same-Sex Divorce Litigation

Abstract

For the purposes of writing a article on same-sex divorce, it became necessary to categorize the various state Defense of Marriage Act (DoMA) statutes and constitutional amendments to analyze how each type of DoMA might handle a petition for same-sex divorce. In doing so, I developed six different categories: (1) No DoMA; (2) Definitional DoMAs; (3) DoMAs that void same-sex marriages; (4) DoMAs that explicitly deny benefits of marriage; (5) DoMAs that declare that there is no same-sex marriage to dissolve; and (6) DoMAs that explicitly prohibit same-sex divorce. This document shows which state DoMAs fall into each of these categories.

The states listed in each category are also color coded to show if there is same-sex divorce caselaw precedent in that jurisdiction and, if so, whether same-sex divorce was granted or denied. States listed in blue have no caselaw on record; states listed in red have caselaw on record denying same-sex divorce, and states listed in green have caselaw on record granting same-sex divorce.

Keywords: Same-Sex Divorce, Defense of Marriage Act, DoMA, Same-Sex Marriage