"Till Death (or DOMA) Does Us Part": How DOMA Imposes an Unconstitutional Classifying and Coercive Condition on Federal Funding in the Wake of Massachusetts v. United States Department of Health and Human Services

Authors

Erin Bender, University of Richmond

Abstract

Part II of this Note provides a short legislative history of DOMA and an overview of Spending Clause jurisprudence. Part III provides an overview of Judge Tauro‘s opinion in Massachusetts. Finally, Part IV of this Note analyzes Section Three of DOMA under the proposed classifying/coercive condition approach to the Spending Clause and concludes that Section Three of DOMA would be unconstitutional as either type of condition.

Document Type

Article

Publication Date

Spring 2011

Recommended Citation

Erin Bender, Comment, "Till Death (or DOMA) Does Us Part": How DOMA Imposes an Unconstitutional Classifying and Coercive Condition on Federal Funding in the Wake of Massachusetts v. United States Department of Health and Human Services, 14 Rich. J. L. & Pub. Int. 611 (2011).