Monday, September 10, 2012

Survey: Majority of constitutional law professors view DOMA as unconstitutional


Gay conservative law Professor Dale Carpenter conducted a survey of nearly 500 of his fellow constitutional law professors asking their views on marriage equality and the Constitution.

The results? Federal marriage discrimination is overwhelmingly viewed as unconstitutional, and a solid majority believe state discrimination is unconstitutional as well:

QUESTION 3: “Section 3 of the Defense of Marriage Act (DOMA) forbids the federal government to recognize same-sex marriages legalized in the states. As a matter of federal constitutional law, do you believe the federal government may refuse to recognize same-sex marriages legalized in the states?”

Yes (DOMA Section 3 is constitutional) — 16%
No (DOMA Section 3 is unconstitutional) — 69%
Not sure — 11%
No Answer/Other — 3%

QUESTION 4: “As a matter of federal constitutional law, do you believe that states *must* allow same-sex couples to marry?”

Yes — 54%
No — 28%
Not Sure — 13%
No Answer/Other — 5%

I would guess that the numbers drop a bit in Question 4 because most conservative scholars view marriage laws as a "states' rights" issue. Still a strong majority - 54% - say state level discrimination is unconstitutional.

(Source)

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