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DOMA give individual states the right to not recognize same sex marriages from other states, however, DOMA neither increased or decreased the power of the states relative to the federal government. The 10th Amendment of the Constitution states that powers not delegated to the federal government are left to the states. Marriage has always been a state issue. Before section 3 of DOMA was deemed unconstitutional, it prohibited couples in same sex marriages from receiving federal benefits that heterosexual couples would receive.

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Q: How has the 1996 Defense of Marriage Act increased the power of the states relative to the federal government?
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