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The 1996 Defense of Marriage Act ("DOMA") did two things: (1) prohibited the federal government from recognizing same-sex marriage; and, (2) enabled individual states (and Native American tribes, btw) to refuse to recognize same-sex marriages performed in other states.

On June 26, 2013, the United States Supreme Court ruled that Section 3 of DOMA, the part which prohibits federal recognition of same-sex marriages, is unconstitutional. The Court let stand, however, the other part (Section 2), which permits states to refuse to recognize same-sex marriages performed elsewhere.

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Q: What does the Defense of Marriage Act establish and is DOMA constitutional?
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What does DOMA allow?

DOMA, the Defense of Marriage Act, has been struck down in its entirety as unconstitutional and is no longer in effect.


Does the Federal Defense of Marriage Act create a difference between civil unions and marriage?

No. The Defense of Marriage Act ("DOMA") did not deal with civil unions. In any event, DOMA has been struck down as unconstitutional and is no longer in effect.


What is North Carolina Senator Richard Burr's stance on the federal Defense of Marriage Act?

Senator Burr favors a constitutional amendment banning same-sex marriage. He is very unlikely to support the repeal of DOMA.


What is the citation for the Defense of Marriage Act?

Defense of Marriage Act ("DOMA"), 1 U.S.C. § 7 and 28 U.S.C. § 1738C.


Should DOMA be unjust or just?

The 1996 Defense of Marriage Act ("DOMA"), like all federal laws, should be just. Unfortunately, it is not.


How can John McCain fix same-sex marriage?

As a senator, he could vote to repeal the Defense of Marriage Act ("DOMA").


What is Minnesota Senator Amy Klobuchar's stance on the federal Defense Of Marriage Act?

Senator Klobuchar believes DOMA is unconstitutional and is co-sponsor of the Respect for Marriage Act which seeks to repeal DOMA.


What is Hawaiian Senator Daniel Akaka's stance on the federal Defense Of Marriage Act?

Senator Akaka believes DOMA is unconstitutional and is co-sponsoring the Respect for Marriage Act which seeks to repeal DOMA.


What is California Senator Barbara Boxer's stance on the federal Defense Of Marriage Act?

Senator Boxer believes DOMA is unconstitutional and is co-sponsoring the Respect for Marriage Act which seeks to repeal DOMA.


What is Colorado Senator Michael Bennet's stance on the federal Defense Of Marriage Act?

Senator Bennet believes DOMA is unconstitutional and is co-sponsor of the Respect for Marriage Act which seeks to repeal DOMA.


What is Connecticut Senator Richard Blumenthal's stance on the federal Defense Of Marriage Act?

Senator Blumenthal believes DOMA is unconstitutional and is co-sponsor of the Respect for Marriage Act which seeks to repeal DOMA.


What is Illinois Senator Dick Durbin's stance on the federal Defense Of Marriage Act?

Senator Durbin believes DOMA is unconstitutional and is co-sponsoring the Respect for Marriage Act which seeks to repeal DOMA.