Defense of Marriage Act (DOMA)

The Defense of Marriage Act (DOMA), enacted Sept. 21, 1996, is a U.S. federal law that defines marriage as the legal union of one man and one woman for federal and inter-state recognition purposes in the United States. The law passed both houses of Congress by large majorities and was signed into law by President Bill Clinton. Under the law, no U.S. state or political subdivision is required to recognize a same-sex marriage from another state. Section 3 of DOMA codifies the non-recognition of same-sex marriages for all federal purposes, including insurance benefits for government employees, Social Security survivors’ benefits, immigration, and the filing of joint tax returns.

Section 3 of DOMA has been found unconstitutional in eight federal courts, including the First and Second Circuit Court of Appeals, on issues including bankruptcy, public employee benefits, estate taxes, and immigration. The U.S. Supreme Court has agreed to hear an appeal in one of those cases, United States v. Windsor, with oral arguments expected in March 2013. [ Wikipedia → ]

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Arkansas

Arkansas House approves anti-gay marriage resolution

Wednesday, March 27, 2013
LITTLE ROCK, Ark. — As the U.S. Supreme Court considers two marriage equality cases, the Arkansas House of Representatives has passed a resolution reaffirming opposition to allowing same-sex couples to marry. [ Read more → ]
Demonstrators stand outside the Supreme Court in Washington, Tuesday, March 26, 2013, where the court heard arguments on California’s voter approved ban on same-sex marriage, Proposition 8. (AP Photo/Pablo Martinez Monsivais)

Listen: U.S. Supreme Court releases audio of DOMA hearing

Wednesday, March 27, 2013
WASHINGTON -- The U.S. Supreme Court has released the audio and transcript of Wednesday's hearing challenging the Defense of Marriage Act, the federal law that prevents legally married gay couples from receiving a range of federal benefits that go to married people. [ Read more → ]
Plaintiff Edith Windsor,of New York, waves to supporters in front of the Supreme Court in Washington on Wednesday after the court heard arguments on her Defense of Marriage Act (DOMA) case.Photo: Carolyn Kaster, AP

‘Edie, Edie,’ chants a jubilant crowd as Windsor emerges from Supreme Court

Wednesday, March 27, 2013
WASHINGTON -- Edith Windsor emerged from the U.S. Supreme Court on Wednesday to loud cheers from marriage equality supporters gathered outside the high court, on this second day of back-to-back same-sex marriage cases. [ Read more → ]
A woman holds up a sign that reads "REPEAL DOMA," the Defense of Marriage Act, as a group from Alabama prays in front of the Supreme Court in Washington on Tuesday.Photo: Carolyn Kaster, AP

High court skeptical of federal marriage law that denies benefits to gay couples

Wednesday, March 27, 2013
WASHINGTON -- The U.S. Supreme Court is indicating it could strike down the federal law that prevents legally married gay couples from receiving a range of federal benefits for married people. [ Read more → ]
Jesus-2-Dads-BLevesque

Day in pictures: Marriage supporters rally as high court hears DOMA challenge

Wednesday, March 27, 2013
In the second of back-to-back same-sex marriage cases, the U.S. Supreme Court turned Wednesday to a constitutional challenge to the law that prevents legally married gay Americans from collecting federal benefits generally available to straight married couples. [ Read more → ]
Thea Spyer (left) and Edith Windsor

Day 2 at the high court: Justices to hear challenge to Defense of Marriage Act

Wednesday, March 27, 2013
WASHINGTON — In the second of back-to-back gay marriage cases, the Supreme Court is turning to a constitutional challenge to the law that prevents legally married gay Americans from collecting federal benefits generally available to straight married couples. [ Read more → ]
In this Oct. 1, 2012 photo provided by the U.S. Air Force, a U.S. Army carry team transfers the remains of Army Sgt. Donna R. Johnson of Raeford, N.C., at Dover Air Force Base, of her death first because of a federal law that prohibits the U.S. government from recognizing same-sex unions.Photo: U.S. Air Force, Adrian R. Rowan

Same-sex military families look to high court to remedy DOMA’s injustice

Wednesday, March 27, 2013
As the Supreme Court prepares to consider the constitutionality of the Defense of Marriage Act, gay marriage advocates are focusing attention on the way they say the law dishonors gay service members and their spouses, who are denied survivor payments, plots in veterans' cemeteries, base housing and a host of other benefits that have been available to opposite-sex military couples for generations. [ Read more → ]
Plaintiffs-leave-for-SCOTUS-410x280

Participants to history: Plaintiffs depart for historic day at Supreme Court

Tuesday, March 26, 2013
WASHINGTON -- Human Rights Campaign president Chad Griffin and plaintiffs in the U.S. Supreme Court challenge to Proposition 8, California's ban on same-sex marriage, met with reporters earlier this morning, before departing for the U.S. Supreme Court. [ Read more → ]
Plaintiffs

Ten years to the day since Lawrence v. Texas, same-sex marriage reaches the high court

Tuesday, March 26, 2013
WASHINGTON -- The Supreme Court is wading into the fight over same-sex marriage at a time when public opinion is shifting rapidly in favor of permitting gay and lesbian couples to wed, but 40 states don't allow it. [ Read more → ]
Supreme_Court_US

Courtside guide: Who and what to watch at the Supreme Court on marriage argument days

Monday, March 25, 2013
Two of the LGBT civil rights movement’s most important cases come before the U.S. Supreme Court on Tuesday and Wednesday and, regardless of the outcome, they will almost certainly be the most watched oral arguments ever on an LGBT issue. [ Read more → ]
Sens. Joe Manchin (left) and jay Rockefeller

West Virginia Senators split on DOMA repeal

Monday, March 25, 2013
CHARLESTON, W.Va. -- U.S. Sen. Jay Rockefeller says he now opposes a federal law barring same-sex marriage. But his fellow Democrat, Sen. Joe Manchin, still supports the U.S. Defense of Marriage Act. [ Read more → ]
People wait in line outside of the Supreme Court in Washington, Monday March, 25, 2013, a day before the court will hear a same-sex marriage case. Photo: Jose Luis Magana, AP

Hottest ticket in town: Technically free, Supreme Court tickets cost time, money

Monday, March 25, 2013
WASHINGTON — The most expensive ticket to "The Book of Mormon" on Broadway: $477. The face value of a great seat for this year's Super Bowl: $1,250. Guaranteed seats to watch the U.S. Supreme Court hear this week's gay marriage cases: about $6,000. [ Read more → ]
Supreme-Court

Why the U.S. Supreme Court will rule in favor of same-sex marriage

Monday, March 25, 2013
We are on the threshold of a historic decision on individual rights by the Supreme Court of the United States as it considers two cases involving same-sex marriage. The cases about “who you love” could change the laws in 41 states and more than 1,000 federal statutes. Regardless of what is said in the oral arguments, a reading of the merits briefs makes it clear that the Court will have to rule in favor of gay marriage, and will improve the lives of 130,000 legally-married couples in same-sex marriages. [ Read more → ]
Taylor, Talla and Vincent Carter cover themselves from the snow as they wait in line outside of the Supreme Court in Washington on Monday.Photo: Jose Luis Magana, AP

Public braves snow for a chance to witness historic gay marriage cases

Monday, March 25, 2013
WASHINGTON — People waiting to attend to gay marriage cases being heard by the U.S. Supreme Court have been undeterred by snow falling in the nation's capital. [ Read more → ]
Barack Obama

Presidential punch: Can the Obama briefs make a difference at the Supreme Court?

Monday, March 25, 2013
WASHINGTON -- LGBT legal activists and their allies have nothing but praise for the Obama administration’s decision to submit briefs in both marriage equality cases before the U.S. Supreme Court this week. [ Read more → ]
Times-Square-vigil-410x280

Marriage equality supporters mark historic week with candlelight vigil in Times Square

Sunday, March 24, 2013
NEW YORK -- Several hundred marriage equality supporters turned out for a candlelight vigil in New York's Times Square on Sunday evening, in a peaceful demonstration to mark this week's historic events in which the U.S. Supreme Court will hear arguments on the constitutionality of same-sex marriage bans and the Defense of Marriage Act. [ Read more → ]
Supreme-Court

Wide range of potential outcomes possible in same-sex marriage cases

Sunday, March 24, 2013
WASHINGTON -- The U.S. Supreme Court can choose from a wide array of outcomes in ruling on California's Proposition 8 ban on same-sex marriage and the federal Defense of Marriage Act. [ Read more → ]
Protesters march into the early morning hours of of Nov. 8, 2008, expressing their anger against the passage of Proposition 8. The measure, approved by voters days earlier, amended the state constitution, banning same-sex marriages and overturning the state Supreme Court decision that legalized them in just sic months earlier.Photo: Afton Almaraz, AP

Standing: How the Supreme Court could avoid ruling in either gay marriage case

Saturday, March 23, 2013
It is hard to overstate the potential impact of the upcoming U.S. Supreme Court cases concerning marriage for same-sex couples. The primary questions posed by the two cases – Hollingsworth v. Perry involving Proposition 8. and U.S. v. Windsor, involving the Defense of Marriage Act— could lead to rulings that dramatically advance the equality of LGBT people under the law. But the Supreme Court may end up issuing no ruling in either case. [ Read more → ]
Supreme Court Gay Marriage

Hopeful observers line up outside Supreme Court to witness same-sex marriage cases

Friday, March 22, 2013
WASHINGTON — A line has begun forming outside the U.S. Supreme Court for people who want to attend next week's arguments in two same-sex marriage cases. [ Read more → ]
AAP-300x210

Nation’s most influential pediatricians group supports marriage equality

Thursday, March 21, 2013
CHICAGO -- The nation's most influential pediatrician's group has endorsed same-sex marriage, saying a stable relationship between parents regardless of sexual orientation contributes to a child's health and well-being. [ Read more → ]
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