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.
Other articles related to "defense of marriage act, marriage, marriages, marriage act, defense":
... relationships, have restricted recognition of marriage to unions of one man and one woman either by statute law or an amendment to their state constitution ... States that permit same-sex marriages recognize same-sex marriages from other jurisdictions ... civil unions established elsewhere as the legal equivalent of marriage ...
... is a client, dropped the case of defending the Defense of Marriage Act in court on behalf of the United States House of Representatives ...
... Main article Defense of Marriage Act See also Respect for Marriage Act The events of the Hawaii Supreme Court prompted the United States Congress to enact the Defense ...
Famous quotes containing the words defense of, act, defense and/or marriage:
“He said, truly, that the reason why such greatly superior numbers quailed before him was, as one of his prisoners confessed, because they lacked a cause,a kind of armor which he and his party never lacked. When the time came, few men were found willing to lay down their lives in defense of what they knew to be wrong; they did not like that this should be their last act in this world.”
—Henry David Thoreau (18171862)
“It has often been argued that absolute scepticism is self-contradictory; but this is a mistake: and even if it were not so, it would be no argument against the absolute sceptic, inasmuch as he does not admit that no contradictory propositions are true. Indeed, it would be impossible to move such a man, for his scepticism consists in considering every argument and never deciding upon its validity; he would, therefore, act in this way in reference to the arguments brought against him.”
—Charles Sanders Peirce (18391914)
“If violence is wrong in America, violence is wrong abroad. If it is wrong to be violent defending black women and black children and black babies and black men, then it is wrong for America to draft us, and make us violent abroad in defense of her. And if it is right for America to draft us, and teach us how to be violent in defense of her, then it is right for you and me to do whatever is necessary to defend our own people right here in this country.”
—Malcolm X (19251965)
“In almost every marriage there is a selfish and an unselfish partner. A pattern is set up and soon becomes inflexible, of one person always making the demands and one person always giving way.”
—Iris Murdoch (b. 1919)