0
No and Yes. States are allowed to enact marriage equality legislation. However, the 1996 federal Defense of Marriage Act ("DOMA") prohibits federal recognition of same-sex marriages and permits states to prohibit recognition of such marriages performed in other states.
Wiki User
∙ 12y ago
Wiki User
∙ 11y agoIn many places, yes. Many states and countries have banned same-sex marriage by law. Others have done so by amending their constitutions. In the US, the federal government has prohibited itself from recognizing such marriages by passing th 1996 Defense of Marriage Act (DOMA).
Wiki User
∙ 10y agoThe answer depends upon what country you are referring to.
If you mean in the United States, then the answer is this: deciding who can and cannot marry is a function of state government, not federal government. The only role the federal government plays in same-sex marriage is deciding whether to recognize it or not. As of June 2013, the US federal government does recognize same-sex marriage. In that sense, same-sex marriage is as federal as it can be right now.
In Canada, the federal courts now mandate that all provinces must perform and recognize these marriages.
In Mexico, the federal government mandates that all states must recognize, but not necessarily perform, these marriages, although if you sue for the right to get married in your state, the federal court will grant it.
In Australia, the federal courts recently decided that the federal ban on same-sex marriage cannot be circumvented by individual states and territories enacting their own same-sex marriage laws.
Wiki User
∙ 12y agoNo. One of the best recent developments in US Law is the realization that the government shouldn't intrude behind closed doors in private homes and in private matters. Marriage is a private matter between the parties and the government has no business telling us who we can and cannot marry. One of the most dangerous steps a government can take is to legislate upon the moral disapproval of one group and to apply that legislation to only a few citizens who happen belong to another group.
Wiki User
∙ 12y agoThe 1996 Defense of Marriage Act prohibits the federal government from recognizing same-sex marriages. It also says that no state can be required to recognize a same-sex marriage from another state.
Wiki User
∙ 12y agoThere is one federal law concerning same-sex marriage - - the Defense of Marriage Act (DOMA) which took effect September 21, 1996. It prohibits federal recognition of same-sex marriages and permits states to prohibit recognition of such marriages performed in other states or foreign countries.
Wiki User
∙ 12y agoSome US states have passed statutes actually banning the performance of same-sex marriage in addition to its recognition and those laws are sometimes called "Mini-DOMAs." However, that ban is also sometimes effected by amendment to state constitutions.
Add your answer:
Earn +20 pts
Why does Barack Obama leave same-sex marriage to the federal government?
A federal law exists banning federal recognition of same-sex marriage. It is not within the authority of the President to overturn that law. This can only be done by the legislative or judicial branches of the federal government. Therefore, President Obama has no choice but to leave the issue to the federal government for a decision.
Why was the Reagan support for the Nicaraguan contrast damaging for his image?
It violated a federal law banning the sale of weapons to the Contras. - apex
Has the Navajo Nation legalized same-sex marriage?
No. A Navajo law banning same-sex marriage was enacted on April 22, 2005.
How do you get a common law marriage anulled?
Does the labor dept have any information about federal employees who are in common law marriage.
How did the Iran contract scandal hurt Ronald Reagan's image?
It violated a federal law banning the sale of weapons to the Contras. - apex
Does US Attorney General Eric H Holder Jr support or oppose same-sex marriage?
He apparently supports it. Some of his actions have been helpful to proponents of same-sex marriage, namely his February 2011 announcement that his office will no longer defend the constitutionality of the federal law banning federal recognition of same-sex marriages.
Are switch blades illegal in the US?
There is no 'federal' law banning them, but in most jurisdictions they ARE illegal under local statutes.hi
Has Congress passed an amendment to the US Constitution banning same-sex marriage?
This does not necessarily have to occur. The constitutions does not define individual rights outside of the Bill of Rights, and it does not address marriage at all; the Defense of Marriage Act does that (DOMA: Public Law 104-199, 110 Stat. 2419, signed into law by President Bill Clinton on September 21, 1996, 1 U.S.C. § 7 and 28 U.S.C. § 1738C is a United States federal law under which the federal government defines marriage as "a legal union between one man and one woman." Under the law, no U.S. state or other political entity can be required to recognize as a marriage a same-sex relationship considered a marriage in another state.). In fact, the constitution does not mention marriage within it, so for same-sex marriage to be legal, laws have to be passed state by state or DOMA must be repealed; it cannot be accomplished by federal amendments.
Should there not be a law on banning sharks?
no there should not be a law on banning sharks......they were made for a purpose in this world
What other ways is there to get married as a minor?
The law here is very correct in banning child marriage in all forms, so there is no way to get a minor married of.
Why was the Reagan administrations support for the Nicaraguan contrasdamaging for Ronald Reagan image?
It violated a federal law banning the sale of weapons to the Contras. - apex
How is common law marriage differ from a marriage?
"Common law marriage" does not exist in most jurisdictions. The obvious difference is the absence of legal protections, obligations and benefits that come automatically with a legal marriage under state and federal laws.
