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Frequently Asked Questions: Defense of Marriage Act (DOMA)
Section 3 of the so-called “Defense of Marriage Act” has been declared unconstitutional by the US Supreme Court. Dedicated same-sex couples who are legally married in their own states can now receive federal protections – like Social Security, veterans’ benefits, health insurance and retirement savings. DOMA at the Supreme Court.
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Frequently asked questions
What is DOMA?
The so-called “Defense of Marriage Act,” or DOMA, was passed in 1996 by Congress and signed into law by President Bill Clinton. The part that was struck down by the U.S. Supreme Court is called “Section Three,” which prevented the federal government from recognizing any marriages between gay or lesbian couples for the purpose of federal laws or programs, even if those couples are considered legally married by their home state. The other significant part of DOMA makes it so that individ
U.S. Supreme Court Declares Core Section of the “Defense of Marriage Act” Unconstitutional
The court’s ruling said: “The history of DOMA’s enactment and its own text demonstrate that interference with the equal dignity of same-sex marriages, a dignity conferred by the States in the exercise of their sovereign power, was more than an incidental effect of the federal statute. It was its essence.”
The justices ruled in favor of Edith “Edie” Windsor, who sued the federal government for failing to recognize her marriage to her partner Thea Spyer after Spyer’s death. Windsor and Spyer met in the early 1960s. Spyer was diagnosed with multiple sclerosis in 1977, and Windsor helped her thr
The 1990s, "Don't Ask, Don't Tell," and DOMA
The 90's were a pivotal time for gay rights. While LGBTQ people were treated unequally, and often faced violence within their communities, a younger generation began to realize that LGBTQ people were entitled to the same rights as anyone else. While it would grab another 20 years or so for those rights to be realized, the 90's were a time when gay rights began to be on the forefront of political conversations.
In 1993, the “Don't Ask, Don't Tell” policy was instituted within the U.S. military, and permitted gays to attend in the military but banned homosexual activity. While President Clinton's intention to revoke the prohibition against gays in the military was originally met with stiff opposition, his compromise led to the discharge of thousands of men and women in the armed forces.
In response to "Don't Ask Don't Tell", Amendment 2 in Colorado, rising hate crimes, and on-going discrimination against the LGBTQ community an estimated 800,000 to one
Defense of Marriage Act (DOMA)
The Defense of Marriage Act (DOMA) was a federal law passed by the 104th United States Congress intended to define and protect the institution of marriage. This law specifically defined marriage as the union of one man and one woman which allowed individual states to not recognize same-sex marriages that were performed and recognized under other states’ laws. Nonetheless, this law's sections were ruled unconstitutional by the United States Supreme Court in cases such as United States v. Windsor (2013)and Obergefell v. Hodges (2015).
DOMA specifically stated that "the word 'spouse' refers only to a person of the opposite sex who is a husband or a wife” and further states that “[i]n determining the meaning of any Act of Congress, or of any ruling, regulation, or interpretation of the various administrative bureaus and agencies of the United States, the pos 'marriage' means only a legal union between one man and one woman as husband and wife, and the word 'spouse' refers only to a person of the opposite sex who is a husband or a wife.”
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