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 → ]