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In the United States, it has always been the individual states that pass laws concerning the process whereby couples can marry and what the requirements for marriage are. The exact requirements are different depending on what state you live in. Some states require a blood test for STDs. Different states have different minimum ages. Some states allow marriage among cousins, but some do not. Some states recognize common-law marriages, whereas others do not. In the past, some states prohibited marriage between Blacks and Whites, while other states always permitted such marriages. Such racist laws were later declared unconstitutional. Currently, some states permit marriages between persons of the same gender, but other states do not. The other two levels of government, federal and state government, grant rights and responsibilities to spouses, based on who the state says is married. However, in 1996, then President Bill Clinton signed the Defense of Marriage Act ("DOMA") which prohibits federal recognition of same-sex marriage and also permits one state to refuse to recognize a marriage performed in another state simply because both spouses are of the same gender. Before 1996, the Full Faith and Credit Clause (Article IV, Section 1) of the U.S. Constitution required each state to recognize all marriages performed in another state. That was generally followed, except that states have always reserved the right to reject marriages performed elsewhere that are against "public policy" or "natural law," such as polygamous or incestuous marriages.

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