DOMA
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Ivy Tech Community College, Indianapolis *
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Course
102
Subject
Political Science
Date
Dec 6, 2023
Type
docx
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1
Uploaded by sscoville15
Sidney Scoville
May 5, 2019
Defense of Marriage Act (DOMA)
The Defense of Marriage Act (DOMA) was introduced in May 1996, the law was
established in September 1996, Public Law 104-199. This was a federal law that denied federal
recognition of same-sex marriages and allowed states to refuse to recognize same-sex marriages
licensed in other states. Congress did not want same-sex couples to get the same federal benefits
heterosexual couples legally married get.
The Act was brief and had two provisions. Section two was
28 USCS § 1738C
, and
section three tells the federal government to follow the definition of the word “marriage” and
“spouse,” 1 USCS § 7. The purpose of this was to deny a same-sex couple of federal benefits.
Section three has been ruled unconstitutional under the Due Process Clause of the Fifth
Amendment in the court case of United States vs. Windsor.
The increase of same-sex advocates and those who see the unconstitutionality of DOMA
led to DOMA being challenged by the public. In United States vs. Windsor, the United States
Supreme Court ruled that Section 3 of DOMA be unconstitutional. The U.S. Supreme Court came
down that Section 3 prevented the federal government from recognizing marriages of same-sex
couples because it violated the constitution’s “Equal Protection Promise” however it did not
challenge Section 2 of DOMA. The repeal of Section 3 of DOMA creates a significant increase in
protections for same-sex couples in the United States. This allows legally married same-sex
couples the same benefits received by their heterosexual peers including social security benefits,
joint tax filing, or military benefits.
However, the fight is not over regardless if Section 3 made a significant impact on equal
rights since Section 2 remains standing as well as other parts of DOMA until it is abolished. If
Section 2 is repealed and DOMA is officially abolished, the RMA will return to “traditional
principles of Comity and Full Faith and Credit.”
References
28 USCS § 1738C
DEFENSE OF MARRIAGE ACT, 1996 Enacted H.R. 3396, 104 Enacted H.R. 3396, 110 Stat.
2419, 104 P.L. 199, 1996 Enacted H.R. 3396, 104 Enacted H.R. 3396
1 USCS § 1
1 USCS § 7
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