Potential Impact of Repeal of the Defense of Marriage Act

Abstract

In the wake of the repeal of "Don't Ask, Don't Tell," personnel policy decision makers have relied upon the Defense of Marriage Act (DOMA), a federal law defining marriage as the union of one man and one woman, to address personnel decisions relating to now openly serving gay and lesbian Soldiers. With recent attacks on the constitutionality of DOMA, decisions by several federal appeals courts holding DOMA unconstitutional, and two pending cases before the U.S. Supreme Court challenging the constitutionality of DOMA, there is a rising debate among personnel policy decision-makers regarding the consequences of a Supreme Court ruling finding DOMA unconstitutional. This paper seeks to address the potential consequences on the Army's personnel policy that a repeal of DOMA, whether by Supreme Court ruling or Congressional action, would have in the Department of the Army.

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Document Details

Document Type
Technical Report
Publication Date
Apr 01, 2013
Accession Number
ADA592967

Entities

People

  • Francis P. King

Tags

Communities of Interest

  • Human Systems

DTIC Thesaurus Topics

  • Army Personnel
  • Congress
  • Employment
  • Families (Human)
  • Federal Law
  • Governments
  • Health Services
  • Homosexuality
  • Law
  • National Governments
  • Personnel Management
  • Public Policy
  • Societies
  • Supreme Court
  • United States
  • United States Government
  • War Colleges

Fields of Study

  • Law

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  • Criminal Law
  • Government and Public Administration Law.
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