About: Defense of Marriage Act   Sponge Permalink

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The Defense of Marriage Act, or DOMA, is the short title of a federal law of the United States passed on September 21, 1996 as Public Law No. 104-199, 110 Stat. 2419. The law has two effects: 1. * No state (or other political subdivision within the United States) need treat a relationship between persons of the same sex as a marriage, even if the relationship is considered a marriage in another state. 2. * The Federal Government may not treat same-sex relationships as marriages for any purpose, even if concluded or recognized by one of the states.

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  • Defense of Marriage Act
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  • The Defense of Marriage Act, or DOMA, is the short title of a federal law of the United States passed on September 21, 1996 as Public Law No. 104-199, 110 Stat. 2419. The law has two effects: 1. * No state (or other political subdivision within the United States) need treat a relationship between persons of the same sex as a marriage, even if the relationship is considered a marriage in another state. 2. * The Federal Government may not treat same-sex relationships as marriages for any purpose, even if concluded or recognized by one of the states.
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abstract
  • The Defense of Marriage Act, or DOMA, is the short title of a federal law of the United States passed on September 21, 1996 as Public Law No. 104-199, 110 Stat. 2419. The law has two effects: 1. * No state (or other political subdivision within the United States) need treat a relationship between persons of the same sex as a marriage, even if the relationship is considered a marriage in another state. 2. * The Federal Government may not treat same-sex relationships as marriages for any purpose, even if concluded or recognized by one of the states. The bill was passed by Congress by a vote of 85-14 in the Senate [1] and a vote of 342-67 in the House of Representatives [2], and was signed by President Bill Clinton on September 21, 1996. Under the law, no U.S. state or political subdivision is required to recognize a same-sex marriage from another state. Section 3 of DOMA codifies the non-recognition of same-sex marriages for all federal purposes, including insurance benefits for government employees, Social Security survivors' benefits, immigration, and the filing of joint tax returns. Clinton and key legislators have changed their views and advocated DOMA's repeal. The Obama administration announced in 2011 that it had determined that section 3 was unconstitutional and, though it would continue to enforce the law, it would no longer defend it in court. In response, the Republican leadership of the House of Representatives instructed the House General Counsel to defend the law in place of the Department of Justice (DOJ). Section 3 of DOMA has been found unconstitutional in eight federal courts, including the First and Second Circuit Court of Appeals, on issues including bankruptcy, public employee benefits, estate taxes, and immigration. The U.S. Supreme Court in United States v. Windsor, declared Section 3 of DOMA unconstitutional on June 26, 2013, "as a deprivation of the equal liberty of persons that is protected by the Fifth Amendment."
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