Case Comments 1998

  1. Recognition and Enforcement of Judgments

Explain the effect of the following provision in American law; whether the result it produces would be the same as that reached by an Ontario court in a dispute arising in the context it addresses; and how that or a different result should be reached.

Defense of Marriage Act
28 USCA, c. 115

1738C. Certain acts, records, and proceedings and the effect thereof

No State, territory, or possession of the United States, or Indian tribe, shall be required to give effect to any public act, record, or judicial proceeding of any other State, territory, possession, or tribe respecting a relationship between persons of the same sex that is treated as a marriage under the laws of such other State, territory, possession, or tribe, or a right or claim arising from such relationship.

(Added Pub.L. 104-199, s 2(a), Sept. 21, 1996, 110 Stat. 2419.)