The Defense of Marriage Act (DOMA) is a US federal law defining marriage as between a man and a woman, giving states the power to determine their own laws regarding marriage and benefits. It was passed in 1996 and Section 3 was declared unconstitutional in 2013. DOMA was intended to expand states’ rights on marriage and prevent compulsory reciprocity. It has had many critics and was repealed by President Obama in 2013.
The Defense of Marriage Act, also commonly known as DOMA, is a US federal law that, among other things, defines marriage as between a man and a woman. This definition was meant to be universal in federal reports and applies to things beyond the logistics of a marriage license, including health and monetary benefits and inheritance claims. It also gives certain powers to individual states, essentially allowing each state’s government to determine its own laws regarding marriage and its benefits. The law went into effect in 1996 under President Bill Clinton, but Section 3 – a key section relating to the federal definition of “marriage” and “spouse” – was declared unconstitutional by the US Supreme Court in 2013. The law it stays on the books, but isn’t as powerful or applicable without that section.
General intent
Georgia State Representative Bob Barr was the original author of the Defense of Marriage Act, although it went through many revisions and updates before it was finally passed. The law was originally intended to expand states’ rights on the subject of marriage. It achieved this by reversing previous laws that required states to recognize marriages performed outside their borders.
The issue of state reciprocity on the subject of marriage emerged most profoundly in 1993, when Hawaii became the first state to recognize same-sex marriages. Lawmakers in several other states were concerned about how Hawaii’s ruling would affect their state’s laws, as many were vehemently against same-sex marriages and didn’t want their governments to be required to recognize same-sex marriages. by default. DOMA was developed largely to quell these fears and to prevent compulsory reciprocity.
Passage and immediate consequences
After passing the United States House of Representatives by a vote of 342 to 67, DOMA was brought before the Senate, where it passed by a vote of 85 to 14. Both of these votes were overwhelming majorities. In the aftermath of the passage, several states began enacting constitutional amendments to define marriage in the same terms as the federal government, allowing marriages exclusively to heterosexual couples. Also, under the Defense of Marriage Act, these same states were no longer required to recognize same-sex marriages performed in states where same-sex unions were permitted.
Importance of federal recognition
A number of states passed laws to recognize same-sex marriages in the months and years following DOMA’s passage. This is a state matter and does not change the fact that under the terms of the Defense of Marriage Act, only marriages between a man and a woman are recognized by the federal government. In other words, even if a state recognizes marriage, the federal government does not, meaning that partners in a same-sex marriage may not receive the same federal rights that heterosexual couples receive.
For example, under the terms of the law, same-sex couples are ineligible for spousal Social Security or Veterans benefits and do not qualify for the same tax credits available to heterosexual couples. Immigration privileges, inheritance protection, parental rights and health insurance benefits are also affected by the act. They may have privileges in their home state, but these do not translate nationally.
Constitutional debate
DOMA has had many critics over the years, perhaps none more powerful than President Obama, who promised to repeal the law during his 2008 presidential campaign. Before that, many lawmakers had attempted to repeal the act, citing the clauses due process and equal protection of the 14th Amendment to the United States Constitution as grounds for its annulment.
In 2013, the Supreme Court struck down section 3 of the law in US v. Windsor. Section 3 explains how the terms “marriage” and “spouse” should be defined – that is, as applying to a man and a woman in a specifically heterosexual partnership – on the grounds that the section was unconstitutional. The act is still part of US federal law, but many of its original proponents say it is nearly meaningless following the Court’s ruling.
Protect your devices with Threat Protection by NordVPN
