The Defense of Marriage Act (DOMA) (Pub.L. 104-199, 110 Stat. 2419, enacted September 21, 1996, 1 U.S.C. § 7 and 28 U.S.C. § 1738C) is a United States federal law that defines marriage as the legal union of one man and one woman for federal and inter-state recognition purposes in the United States. The law passed both houses of Congress by large majorities and was signed into law 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, 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. As of 2012, five of those cases are awaiting a response for review in the U.S. Supreme Court.
Read more about Defense Of Marriage Act: Background, Text, Enactment, Impact, Political Debate, Repeal Proposals, Challenges in Federal Court, Full Faith and Credit Cases, DOMA and State Legislation
Famous quotes containing the words defense of, defense, marriage and/or act:
“I would remind you that extremism in the defense of liberty is no vice! And let me remind you also that moderation in the pursuit of justice is no virtue!”
—Barry Goldwater (b. 1909)
“The sick man is taken away by the institution that takes charge not of the individual, but of his illness, an isolated object transformed or eliminated by technicians devoted to the defense of health the way others are attached to the defense of law and order or tidiness.”
—Michel de Certeau (1925–1986)
“And what if my descendants lose the flower
Through natural declension of the soul,
Through too much business with the passing hour,
Through too much play, or marriage with a fool?”
—William Butler Yeats (1865–1939)
“For I choose that my remembrances of him should be pleasing, affecting, religious. I will love him as a glorified friend, after the free way of friendship, and not pay him a stiff sign of respect, as men do to those whom they fear. A passage read from his discourses, a moving provocation to works like his, any act or meeting which tends to awaken a pure thought, a flow of love, an original design of virtue, I call a worthy, a true commemoration.”
—Ralph Waldo Emerson (1803–1882)