The author seeks to explain why courts should not be permitted to interpret the Defense of Marriage Act (DOMA) to displace judgment recognition based on a forum state's public policy against legal relationships for same-sex couples. If courts interpret DOMA in this manner, nothing would prevent Congress from exempting other types of judgments from the protection of the Full Faith and Credit clause, thereby permitting relitigation of judgments that are now considered final and binding in every state.
Barbara J. Cox, Why Appellate Courts Have Rejected the Argument that the Defense of Marriage Act Trumps the Parental Kidnapping Prevention Act, 41 CAL. W. INT’L L.J. 189 (2010) (article prepared as co-convener of symposium jointly sponsored by California Western School of Law and Brigham Young University J. Reuben Clark Law School).