The Defense of Marriage Act (DOMA) was a controversial federal law passed in 1996 that defined marriage as a union between one man and one woman, barring same-sex couples from federal benefits and preventing states from recognizing same-sex marriages performed elsewhere. While DOMA has since been overturned, its legacy highlights the ongoing struggle for LGBTQ+ rights and the complex history of marriage equality in the United States. Let’s dive into the key provisions of DOMA, why it was enacted, its legal impacts, the road to repeal, and the continuing fight for LGBTQ+ rights.
Key provisions of DOMA
DOMA is a relatively short act, it is comprised of three main sections. You can see the old text here. Here is the gist of what each section says.
Section 1: Name of the act. This section just told us what the act was called (the Defense of Marriage Act).
Section 2: State Recognition of Same-Sex Marriage. This section stated that no state was required to recognize same-sex marriages performed in other states.
Section 3: Definition of Marriage. This section defined marriage as a union between one man and one woman for federal law purposes. The word “spouse” only refers to husbands and wives of the opposite sex.
Takeaway: It seems somewhat harmless, right? Wrong! This small but mighty act had a major impact on people across the nation. For example, simply changing the federal definition of “spouse” and “marriage” meant same-sex couples were denied access to numerous federal benefits afforded to heterosexual couples. These included things like Social Security survivor benefits, joint tax filing, immigration rights for spouses, and more.
Why was DOMA enacted?
The passage of DOMA in the 1990s occurred against the backdrop of increasing social and legal debates about same-sex marriage. It was “intended” to “protect” the institution of marriage between a man and a woman by allowing states to not recognize same-sex marriages performed in other states. Further, here are some key factors that contributed to the creation of DOMA:
- Response to the Baehr decision: In 1990, a lawsuit (Baehr v. Lewin) regarding three same-sex couples in Hawaii challenged the state’s ban on same-sex marriage, arguing that it violated their rights under the Hawaiian constitution. This case sparked a domino effect: If Hawaii legalized same-sex marriage, the Full Faith and Credit Clause of the U.S. Constitution could potentially require other states to recognize those marriages – a prospect many opposed. The result? DOMA was born thanks to Bill Clinton.
- Protecting “Traditional” Values: Many DOMA proponents framed their arguments in terms of defending the “traditional” definition of marriage. And “traditional” in this context meant marriage could only be between a man and a woman.
- Moral Opposition: There was significant religious and moral opposition to same-sex marriage among certain segments of American society at the time (the 90s).
Takeaway: Based on the societal beliefs at the time in the 1990s and as a response to the Hawaii Supreme Court Decision in Baehr, DOMA was born to “protect” the “traditional” “value” of marriage.
The legal impacts of DOMA
DOMA had far-reaching consequences for same-sex couples across the US. While it didn’t actually ban same-sex marriage itself, it did ban the use of federal benefits and state-to-state recognition of same-sex marriage. Here are some of the key ways it affected people’s lives:
- Limited State Recognition: DOMA prevented the Full, Faith, and Credit Clause of the US Constitution from recognizing same-sex marriages performed in other states. This means that a state could enact a law banning the recognition of same-sex marriages performed in other states. For example, if you legally and properly got married in California, then you moved to Texas, where same-sex marriage was not permitted, Texas would also not recognize the marriage there.
- Denial of Federal Benefits: Because the definition of “marriage” and “spouse” now explicitly excluded same-sex couples, they became systematically excluded from federal programs and benefits, creating financial and legal hardships.
- Stigmatization: DOMA reinforced the idea that same-sex relationships were inherently different from heterosexual ones, perpetuating discrimination and societal stigma.
Takeaway: The enactment of DOMA had intense legal impacts on people, including states not recognizing their marriage if they moved to a different state, being denied federal benefits, and being ostracized from society.
The road to repeal
DOMA faced legal challenges from its inception. The fight for same-sex marriage equality was a long and complex battle, but here are some key milestones:
- State-Level Successes: In the early 2000s, several states, such as Massachusetts, began legalizing same-sex marriage or civil unions, creating a growing discrepancy with federal law.
- United States v. Windsor (2013): In this landmark Supreme Court case, Section 3 of DOMA was struck down as unconstitutional. This decision granted legally married same-sex couples the right to federal benefits.
- Obergefell v. Hodges (2015): In the historic ruling, the US Supreme Court legalized same-sex marriage nationwide. This effectively nullified Section 2 of DOMA.
- Respect for Marriage Act (2022): This recent legislation further solidified marriage equality rights by repealing the remaining portions of DOMA and requiring all states to recognize legal same-sex and interracial marriages.
Takeaway: The Defense of Marriage Act is effectively nullified, no longer in existence, caput, gone, donezo, and so on and so forth. Better, more inclusive laws have been enacted since the early 2000s on both state and federal levels.
Beyond DOMA: The ongoing fight for LGBTQ+ rights
While the repeal of DOMA symbolizes major victories for LGBTQ+ rights, the struggle for full equality continues. Here’s where things stand:
- Remaining Discrimination: Same-sex couples still face discrimination in areas like housing, employment, and adoption in certain states.
- Religious Exemptions: There’s an ongoing debate about the balance between religious freedom and LGBTQ+ rights, often involving businesses refusing services to same-sex couples.
- Global Inequality: In many countries around the world, same-sex relationships remain criminalized, highlighting the need for continued advocacy on an international scale.
Takeaway: There’s still a long way to go to get the LGBTQ+ community the full equality they deserve, but the start of that was demolishing the outdated DOMA.
Conclusion: The history of DOMA and the future of equality
The Defense of Marriage Act (DOMA) serves as a stark reminder of the legal and societal barriers faced by the LGBTQ+ community in the not-so-distant past. Its passage reflected deeply held prejudices and fears about same-sex relationships. Thankfully, the tireless efforts of activists, landmark legal cases, and a shift in public opinion ultimately led to DOMA’s downfall and the nationwide legalization of same-sex marriage.
While the repeal of DOMA and the passage of the Respect for Marriage Act represent monumental victories, the fight for true equality is far from over. LGBTQ+ individuals still face discrimination in various aspects of life, and the debate over religious exemptions continues to pose challenges. Moreover, the global picture highlights the vast disparities in rights and protections for LGBTQ+ people around the world.
The legacy of DOMA urges us to continue fighting for a world where love and commitment are celebrated regardless of sexual orientation or gender identity. It’s a reminder that progress is possible, but it requires sustained advocacy, education, and a commitment to building a more inclusive and just society for all.
Frequently Asked Questions (FAQs) about the Defense of Marriage Act
Here are some more commonly asked questions about DOMA, answered.
Q: What exactly was the Defense of Marriage Act (DOMA)?
A: DOMA was a federal law passed in 1996 that defined “marriage” and “spouse” as one man and one woman for federal purposes. This, in turn, did two things: (1) Denied same-sex couples federal benefits and rights and 2) Allowed states to refuse to recognize same-sex marriages performed in other states.
Q: Is DOMA still in effect?
A: No. Key portions of DOMA were struck down by the Supreme Court in 2013 (United States v. Windsor) and 2015 (Obergefell v. Hodges). It was further officially repealed by the Respect for Marriage Act in 2022.
Q: Why was DOMA created?
A: DOMA was passed in response to the possibility of same-sex marriage becoming legal in Hawaii. Lawmakers “feared” that other states would then be forced to recognize those marriages. DOMA was enacted to “protect” the “traditional” definition of marriage and allow states to uphold their own laws on the matter.
Q: How did DOMA impact same-sex couples?
A: DOMA had significant negative consequences. Same-sex couples were denied federal benefits like Social Security survivor rights, joint tax filing, and immigration privileges. It also led to uncertainty for couples moving between states with differing laws on same-sex marriage recognition.
Q: Does the repeal of DOMA mean there’s full equality for LGBTQ+ people?
A: Legally speaking, the repeal of DOMA didn’t automatically create “equality,” but it did pave the way for new laws, such as the Respect for Marriage Act, which were then able to come in and start helping to start creating that legal equality. In addition, while the repeal of DOMA was a major victory, discrimination still exists in areas like housing and employment in some states.
Julia Rodgers is HelloPrenup’s CEO and Co-Founder. She is a Massachusetts family law attorney and true believer in the value of prenuptial agreements. HelloPrenup was created with the goal of automating the prenup process, making it more collaborative, time efficient and cost effective. Julia believes that a healthy marriage is one in which couples can openly communicate about finances and life goals. You can read more about us here Questions? Reach out to Julia directly at [email protected].
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