Why would the Defense of Marriage laws be overturned?
Two clauses in the U.S. Constitution could be used to challenge state laws banning gay marriage. The so-called “contract clause” requires states to recognize legal contracts from other states. A gay-marriage license from Massachusetts, for example, would have to be considered a legal contract in, say, Louisiana. The other constitutional challenge could come under the “full faith and credit” clause, which requires states to recognize similar laws in other states. This is why the word “marriage” is so important to both sides of the issue. If a state allows gay marriage, it opens up the marriage laws in other states to the full faith and credit clause. Q: What reasons do gay-marriage advocates give for the need for same-sex marriage? A: Gay couples want the same protections and rights given married couples. These include inheritance and property rights, medical coverage and decisions, child custody, insurance and divorce. Civil unions offer most of those protections but are not transferab
