Defense of Marriage Act

The Defense of Marriage Act (DOMA) was a federal law passed in 1996 that defined marriage, for federal purposes, as a legal union between one man and one woman. It also gave states the authority to refuse to recognize same-sex marriages performed in other states. This law affected everything from federal benefits to taxation and immigration for same-sex couples.

Why DOMA Was Enacted

DOMA was introduced at a time when same-sex marriage was gaining attention, especially after court cases in Hawaii suggested that such marriages could become legally recognized. The law aimed to:

• Protect traditional marriage definitions at the federal level.
• Allow states to set their own marriage laws without being forced to recognize marriages from other states.

Provisions of DOMA

1. Section 2: Allowed states to deny recognition of same-sex marriages performed elsewhere.
2. Section 3: Defined marriage for federal purposes as a union between a man and a woman, denying federal benefits to same-sex couples.

Legal Challenges and Overturning DOMA

DOMA faced numerous legal challenges over the years. The most notable case was United States v. Windsor, where the Supreme Court struck down Section 3 of DOMA. The Court ruled that denying federal benefits to legally married same-sex couples violated the Constitution’s guarantee of equal protection.

This ruling paved the way for the nationwide legalization of same-sex marriage in Obergefell v. Hodges, which required all states to recognize same-sex marriages.

The Legacy of DOMA

While DOMA is no longer in effect, its history highlights the evolving understanding of marriage and equality in the United States. It also shows how federal and state laws can collide when social norms and civil rights advance.

For same-sex couples today, DOMA serves as a reminder of the legal battles fought to secure marriage equality and the importance of federal protections in ensuring equal treatment under the law.

FAQs on the Defense of Marriage Act (DOMA)

1. What was the Defense of Marriage Act (DOMA)?

DOMA was a U.S. federal law passed in 1996 that defined marriage as a legal union between one man and one woman for federal purposes and allowed states to refuse recognition of same-sex marriages from other states.

2. Why was DOMA enacted?

It was enacted to preserve the traditional definition of marriage at the federal level and to give states the authority to decide whether to recognize same-sex marriages performed elsewhere.

3. What were the key sections of DOMA?

• Section 2: Allowed states to deny recognition of same-sex marriages performed in other states.
• Section 3: Defined marriage for federal purposes as between a man and a woman, denying federal benefits to same-sex couples.

4. Is DOMA still in effect?

No. In 2013, the United States v. Windsor case struck down Section 3, and the 2015 Obergefell v. Hodges decision legalized same-sex marriage nationwide.

5. How did DOMA affect same-sex couples?

Before it was overturned, same-sex couples could not access federal benefits like Social Security survivor benefits, tax filing as married, and immigration sponsorship.

6. Why is DOMA important today?

DOMA’s history highlights the struggle for marriage equality and shows how legal definitions of marriage have evolved in the U.S., reinforcing the importance of federal protections for civil rights.

7. Can states still refuse to recognize marriages?

No. Following the Obergefell ruling, all U.S. states must recognize same-sex marriages, and federal protections now apply equally to all married couples.