Were all 11 of the "defense of marriage" initiatives amendments to state constitutions, or were some just laws?

November 8, 2004 12:25 PM

PoliticsFilter: Were all 11 of the "defense of marriage" initiatives amendments to state constitutions, or were some just laws? (I know Oregon's was an amendment, but haven't been able to find out about all the others) If they are amendments, are state constitutions superceded by the U.S. Constitution?
posted by RylandDotNet to Law & Government (3 answers total)

Yes to the latter question. From Wikipedia:

The U.S. Constitution styles itself the "supreme law of the land". Courts have interpreted this phrase to mean that when laws (including state constitutions) that have been passed by state legislatures, or by the (national) Congress, are found to conflict with the federal Constitution, these laws are null and have no effect.

posted by DevilsAdvocate at 12:33 PM on November 8, 2004

They were all amendments. CNN article.
posted by smackfu at 12:45 PM on November 8, 2004

Specifically, regarding marriages, the Full Faith and Credit clause (Sec. I of Art. IV) of the United States Constitution. This is, of course, why people who don't want gay couples to have equal rights are talking do much about Amending the U.S. Constitution itself. That way, the discrimination would be "built in."
posted by sixdifferentways at 4:27 PM on November 8, 2004