Defense of Marriage Act (DOMA)
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| Defense of Marriage Act (DOMA) | |
|---|---|
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| Name | Defense of Marriage Act |
| Acronyms | DOMA |
| Enacted | 1996 |
| Enacted by | United States Congress |
| Signed by | Bill Clinton |
| Signed date | 1996 |
| Repealed | 2013 (in part) |
Defense of Marriage Act (DOMA) was a 1996 United States federal law that defined marriage for federal purposes and allowed states to refuse recognition of same-sex marriages performed under the laws of other states. Enacted during the presidency of Bill Clinton, the Act became a focal point in litigation involving the United States Supreme Court, leading to landmark decisions involving United States v. Windsor and Obergefell v. Hodges. The statute shaped federal recognition, benefits, and interstate relations until judicial rulings and legislative changes altered its effect.
Background
In the early 1990s, debates over marriage laws involved actors such as Hawaii Supreme Court decisions and political figures including H. L. Mencken-era social controversies, but the immediate impetus came after the Baehr v. Miike decision in Hawaii and political responses from legislators like Bob Barr and Don Nickles. The 1992 election of Bill Clinton and events such as the 1993 March on Washington influenced advocates like Human Rights Campaign and opponents such as the National Organization for Marriage. Cultural touchstones including Vermont's civil unions and rulings in New York and Massachusetts framed federal legislative priorities during the 104th United States Congress.
Legislative History
Introduced in both chambers of the United States Congress during the 104th Congress, the bill drew sponsorship and support from Republican and Democratic members including Senator Jesse Helms allies and House members allied with Speaker Newt Gingrich. Legislative maneuvers involved committees such as the United States Senate Committee on the Judiciary and votes that reflected shifting coalitions including senators like Orrin Hatch and representatives like Henry Hyde. The Act passed the United States Senate and the United States House of Representatives and was signed by Bill Clinton in September 1996, following public campaigns by organizations including People For the American Way and Family Research Council.
Provisions of the Act
The Act consisted primarily of two sections: one defining marriage for federal purposes as the legal union between one man and one woman, and another allowing states to deny recognition of same-sex marriages performed under other states' laws. Provisions affected federal programs administered by agencies such as the Social Security Administration, Internal Revenue Service, and the Department of Veterans Affairs, altering eligibility for benefits, tax filings, and survivor benefits for spouses recognized under state law. The law also influenced federal employee benefits managed by the Office of Personnel Management and impacted immigration petitions adjudicated by the United States Citizenship and Immigration Services.
Legal Challenges and Court Decisions
DOMA became the subject of constitutional challenges in federal courts, with plaintiffs represented by organizations such as ACLU and Lambda Legal against defendants including United States Department of Justice officials. Significant cases included United States v. Windsor, where the United States Supreme Court held that Section 3 of the Act violated the Fifth Amendment to the United States Constitution, and lower-court rulings like Gill v. Office of Personnel Management and Massachusetts v. United States Department of Health and Human Services. Subsequent litigation intersected with decisions in Hollingsworth v. Perry and culminated in Obergefell v. Hodges, wherein the Court addressed state bans on same-sex marriage drawing on precedents from Brown v. Board of Education and doctrines articulated in Lawrence v. Texas.
Political and Social Impact
The Act reshaped political alignments, affecting campaigns by figures such as Bill Clinton, Bob Dole, and later presidential candidates like Barack Obama and Mitt Romney. Interest groups including Human Rights Campaign, Log Cabin Republicans, and National Organization for Marriage mobilized resources around public opinion, ballot measures in states such as California and Florida, and legislative initiatives in statehouses in Vermont and Massachusetts. Media coverage by outlets like The New York Times, CNN, and Fox News amplified debates over civil rights, leading to social responses from communities such as San Francisco activists and faith-based organizations like Catholic Church (United States) institutions.
Repeal and Subsequent Developments
Although Congress did not repeal the statute in full, judicial decisions and executive actions curtailed its effect: after United States v. Windsor, federal agencies such as the Internal Revenue Service and Department of Veterans Affairs changed policies to extend recognition to same-sex spouses, and the Department of Justice under Eric Holder declined to defend Section 3. The landscape shifted further with Obergefell v. Hodges in 2015, which recognized same-sex marriage under the Fourteenth Amendment to the United States Constitution. Legislative efforts like the Respect for Marriage Act later addressed federal recognition and interstate recognition issues, reflecting evolving legal and political consensus among lawmakers including members of the United States Senate and United States House of Representatives.
Category:LGBT law in the United States