What is the Defense of Marriage Act (DOMA)?

The Defense of Marriage Act (DOMA) was a United States federal law signed into effect by President Bill Clinton on September 21, 1996. The legislation defined marriage for federal purposes as the union between one man and one woman, thus prohibiting federal recognition of same-sex marriages and allowing states to refuse recognition of same-sex marriages performed in other jurisdictions. DOMA had significant legal, social, and political implications, shaping the landscape of marriage equality and LGBTQ+ rights in the United States for nearly two decades before key provisions were ultimately struck down by the Supreme Court.

Background

During the 1990s, as the issue of same-sex marriage gained prominence, concerns among conservative lawmakers and advocacy groups about the legal recognition of same-sex relationships prompted efforts to enact legislation at both the federal and state levels. In response to these concerns, Congress introduced DOMA, which sought to establish a federal definition of marriage and grant states the authority to determine their own marriage policies.

DOMA consisted of two main provisions:

• Section 2: This provision granted states the authority to refuse recognition of same-sex marriages performed in other states or jurisdictions. It stated that no state would be required to recognize a same-sex marriage legally performed in another state.
• Section 3: This provision defined marriage for federal purposes as the legal union between one man and one woman. It specified that the term "spouse" only applied to individuals of the opposite sex.

Legal and Political Controversy

DOMA quickly became the subject of legal and political controversy, sparking debates over federalism, states' rights, and the definition of marriage. Proponents of the law argued that it was necessary to uphold traditional notions of marriage and protect the institution from what they perceived as threats posed by same-sex unions. They contended that DOMA preserved the authority of states to define marriage according to their own values and beliefs.

Opponents of DOMA, however, argued that the law violated principles of equal protection and due process under the Constitution by denying same-sex couples access to federal benefits and legal recognition. They contended that DOMA institutionalized discrimination and stigma against LGBTQ+ individuals and families, perpetuating inequalities in areas such as taxation, immigration, and spousal benefits.

Legal Challenges and Supreme Court Rulings

In the years following its enactment, DOMA faced numerous legal challenges in federal courts, with plaintiffs arguing that the law violated their constitutional rights. One of the most significant cases was United States v. Windsor, in which the Supreme Court addressed the constitutionality of DOMA's Section 3, which defined marriage for federal purposes.

In 2013, the Supreme Court issued its ruling in United States v. Windsor, declaring Section 3 of DOMA unconstitutional. The Court held that the federal government could not deny legally married same-sex couples access to federal benefits and protections available to opposite-sex couples. The Windsor decision marked a significant victory for marriage equality advocates and laid the groundwork for further legal challenges to DOMA.

Impact and Legacy

The invalidation of DOMA's Section 3 in United States v. Windsor paved the way for the eventual nationwide legalization of same-sex marriage. Subsequent legal challenges, including Obergefell v. Hodges in 2015, led to the Supreme Court's ruling that state bans on same-sex marriage were unconstitutional, effectively overturning DOMA's remaining provisions.

The legacy of DOMA extends beyond its legal implications, shaping public discourse and attitudes toward LGBTQ+ rights and marriage equality. The law sparked widespread debate and activism, mobilizing LGBTQ+ individuals and allies to advocate for equal rights and recognition under the law. While DOMA represented a setback for marriage equality at the time of its passage, its eventual demise signaled a significant step forward in the fight for LGBTQ+ rights and the recognition of diverse family structures.

The Bottom Line

The Defense of Marriage Act (DOMA) was a federal law enacted in 1996 that defined marriage for federal purposes as the union between one man and one woman and allowed states to refuse recognition of same-sex marriages performed in other jurisdictions. DOMA's passage and subsequent legal challenges played a pivotal role in shaping the trajectory of marriage equality in the United States, ultimately leading to its eventual invalidation by the Supreme Court and the nationwide legalization of same-sex marriage.