DOMA and Diffusion Theory: Ending Animus Legislation Through a Rational Basis Approach

Authors

David J. Herzig

Abstract

The purpose of this Article is to expand the scope of the discussion from one of morality to include a sociological approach, called Diffusion Theory...Section II of this Article explains Diffusion Theory. Section III explores the background of DOMA and the factual background in which DOMA is being challenged by the states and private citizens. Section IV discusses the fundamentals behind the Florida adoption ban and how the change in the message by the challengers has proven effective. The final part, Section V, analyzes whether the approach should center on the inevitability of the change, as reflected in the Justice Department’s brief.

Recommended Citation

Herzig, David J. (2011) "DOMA and Diffusion Theory: Ending Animus Legislation Through a Rational Basis Approach," Akron Law Review: Vol. 44: Iss. 3, Article 2.
Available at: https://ideaexchange.uakron.edu/akronlawreview/vol44/iss3/2