Jonah Patel
The Defense of Marriage Act (DOMA) was a federal statute that defined marriage as a legal union between one man and one woman. It was signed into law by President Bill Clinton in 1996, amidst concerns that Hawaii would soon legalize same-sex marriage, potentially forcing other states to recognize these marriages. DOMA allowed states banning same-sex marriage to refuse to recognize such marriages performed in other states and denied federal benefits to spouses of same-sex marriages. The act faced legal challenges, with opponents arguing that it violated the equal protection rights of same-sex couples. In 2013, the U.S. Supreme Court ruled that Section 3 of DOMA was unconstitutional, concluding that the federal government could not discriminate against married same-sex couples in determining federal benefits and protections. This ruling was a significant milestone in the decades-long journey towards nationwide marriage equality in the United States.
| Characteristics | Values |
|---|---|
| Constitutionality | Ruled unconstitutional by the Supreme Court in 2013 |
| Definition of marriage | Legal union between one man and one woman |
| Federal recognition | States banning same-sex marriage were not required to recognize same-sex marriages performed in other states |
| Federal benefits | Denied federal benefits and protections to same-sex couples |
| Inheritance rights | Denied inheritance rights to same-sex couples |
| Tax laws | Denied tax benefits to same-sex couples |
| Housing | Denied cohabitation in college or military housing |
| Medical leave | Prevented same-sex couples from taking medical leave to care for their partners or non-biological children |
| Child adoption | Prevented same-sex couples from adopting children |
| Child support | Prevented same-sex couples from petitioning for child support |
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What You'll Learn
The Defense of Marriage Act (DOMA)
DOMA stated that "the word 'spouse' refers only to a person of the opposite sex who is a husband or a wife," and that "the word 'marriage' means only a legal union between one man and one woman as husband and wife." This meant that same-sex couples were denied many benefits and recognition that opposite-sex couples enjoyed, including access to a spouse's employment benefits, the recognition of the marriage itself, inheritance rights, joint tax returns, and the right to cohabit in college or military housing.
The act also authorized states that banned same-sex marriage to not recognize same-sex marriages performed in other states. Additionally, it specified that a non-biological parent in a same-sex couple could not establish a legal relationship with the child or children of the biological parent, and same-sex partners could not take family medical leave to care for their partners or non-biological children.
The constitutionality of DOMA was challenged in several court cases, including Massachusetts v. United States Department of Health and Human Services in 2009 and United States v. Windsor in 2013. In 2013, the U.S. Supreme Court ruled that Section 3 of DOMA was unconstitutional, violating the equal protection of the laws guaranteed by the Due Process Clause of the Fifth Amendment. This decision was reaffirmed in Obergefell v. Hodges in 2015, which struck down the section of DOMA that allowed states to not recognize same-sex marriages performed in other states, granting same-sex couples the constitutional right to marry.
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DOMA's constitutionality
The Defense of Marriage Act (DOMA) was signed into law by President Bill Clinton on September 21, 1996. It defined marriage as a "legal union between one man and one woman" and stated that federal law only recognised marriages between heterosexual couples. This meant that same-sex couples were denied various benefits and protections, including access to a spouse's employment benefits, inheritance rights, joint tax returns, and the ability to cohabit in college or military housing.
The constitutionality of DOMA was challenged in several court cases, including Massachusetts v. United States Department of Health and Human Services, where it was argued that Congress "overstepped its authority, undermined states' efforts to recognize marriages between same-sex couples, and codified an animus towards gay and lesbian people." On July 8, 2010, Judge Joseph L. Tauro ruled that Section 3 of DOMA violated the equal protection of the laws guaranteed by the Due Process Clause of the Fifth Amendment.
In United States v. Windsor (2013), the U.S. Supreme Court struck down DOMA's definition of marriage as unconstitutional, ruling that the federal government could not discriminate against married lesbian and gay couples when determining federal benefits and protections. This decision was reaffirmed in Obergefell v. Hodges (2015), where the Supreme Court struck down the section of DOMA that allowed individual states to refuse to recognize same-sex marriages performed in other states, granting same-sex couples the constitutional right to marry.
While DOMA has been ruled unconstitutional and formally repealed by the federal Respect for Marriage Act of 2022, it is important to note that the Supreme Court decision in Dobbs v. Jackson (2022) has opened up the possibility for the Court to re-examine its ruling in Obergefell in the future.
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DOMA's impact on same-sex couples' rights
The Defense of Marriage Act (DOMA) was a federal law in force from 1996 to 2013. It defined marriage as a union between a man and a woman only. This definition was struck down by the U.S. Supreme Court in United States v. Windsor (2013). The law denied many benefits and recognition to same-sex couples that opposite-sex couples enjoyed. These included more than 1,000 federal protections and privileges, such as the legal recognition of relationships, access to a partner's employment benefits, rights of inheritance, joint tax returns and tax exemptions, immigration or residency for noncitizen partners, next-of-kin status, protection from domestic violence, and the right to live together in military or college housing.
The law also had implications for families with children. Under DOMA, a non-biological parent in a same-sex couple was unable to establish a legal relationship with the child or children of the biological parent. Same-sex partners were also unable to take family medical leave to care for such non-biological children or for their partners, to adopt children, or to petition the court for child support, visitation, or custody if the relationship ended.
DOMA also impacted the immigration process for same-sex couples. Prior to the Supreme Court's ruling, U.S. citizen or lawful permanent resident spouses of foreign nationals in same-sex marriages could not sponsor their spouses for a green card. The documentation required for a green card through marriage was the same for both same-sex and opposite-sex marriages. However, if a green card application was submitted in connection with a same-sex marriage, it would be denied.
The Defense of Marriage Act also had broader implications for same-sex marriage across the United States. It authorized states that banned same-sex marriage to not recognize same-sex marriages performed in other states. This provision was invalidated by the Supreme Court in Obergefell v. Hodges (2015), which granted same-sex couples the constitutional right to marry. DOMA was formally repealed by the federal Respect for Marriage Act of 2022, which required states to recognize same-sex and interracial marriages performed in other jurisdictions.
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Legal challenges to DOMA
The Defense of Marriage Act (DOMA) was a federal law passed by the 104th United States Congress, which defined marriage as the union of one man and one woman. This allowed individual states to not recognize same-sex marriages performed and recognized under other states' laws.
DOMA faced numerous legal challenges, with opponents arguing that its definition of marriage was discriminatory on the basis of sex and equated homosexuality with incest and polygamy. Lambda Legal, an LGBT litigation and advocacy organization, challenged Section 3 of DOMA, which prohibited federal recognition of the marriages of same-sex couples. They represented Karen Golinski, a federal court employee who sought to enroll her spouse, Amy Cunninghis, in her employee health plan. In February, a federal district court ruled in Golinski's favor and found Section 3 of DOMA unconstitutional.
On February 23, 2011, Attorney General Eric Holder released a statement regarding lawsuits challenging DOMA Section 3. He stated that the President had concluded that classifications based on sexual orientation should be subject to a heightened standard of scrutiny, and that Section 3 of DOMA failed to meet that standard and was therefore unconstitutional. The Obama administration instructed the Department of Justice to no longer defend the statute in such cases, although it would continue to enforce the law until it was repealed by Congress or struck down by the courts.
DOMA's definition of marriage was also challenged in the Supreme Court case United States v. Windsor (2013). The Court held that Section 3 of DOMA was unconstitutional for denying basic due process and equal protection under federal law for same-sex couples who were married in states that recognized such marriages. This decision provided married same-sex couples with new planning opportunities, particularly in estate planning, spousal benefits, taxes, and immigration.
In 2015, the Supreme Court further struck down the section of DOMA that allowed individual states to not recognize same-sex marriages performed in other states in Obergefell v. Hodges. This decision granted same-sex couples a constitutional right to marry. DOMA was formally repealed by the federal Respect for Marriage Act of 2022, which defined marriage as a legal union between two individuals and required states to recognize same-sex and interracial marriages performed in other jurisdictions.
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The Supreme Court's rulings on DOMA
The Supreme Court's rulings on the Defense of Marriage Act (DOMA) have been pivotal in advancing the legal recognition of same-sex marriage in the United States. Here is a detailed overview of the Court's significant rulings:
United States v. Windsor (2013):
In United States v. Windsor, the Supreme Court addressed the constitutionality of Section 3 of DOMA, which denied federal recognition of same-sex marriages. The case centred around Edith Windsor and Thea Spyer, a same-sex couple from New York. After Spyer's death in 2009, Windsor sought to claim the federal estate tax exemption for surviving spouses but was barred from doing so by Section 3 of DOMA.
In a landmark 5-4 decision on June 26, 2013, the Supreme Court ruled that Section 3 of DOMA was unconstitutional, violating the Due Process Clause of the Fifth Amendment. Justice Anthony Kennedy, joined by four other justices, asserted that the federal statute was invalid, as it "demean [ed]" same-sex couples and infringed on their liberty protected by the Fifth Amendment. This ruling marked a significant victory for supporters of same-sex marriage.
Obergefell v. Hodges (2015):
Building on the precedent set by United States v. Windsor, the Supreme Court in Obergefell v. Hodges struck down another crucial section of DOMA. In this case, the Court invalidated the section that allowed individual states to refuse to recognize same-sex marriages performed in other states. This ruling granted same-sex couples the constitutional right to marry across the nation.
Dobbs v. Jackson (2022):
While not directly related to DOMA, the Supreme Court's decision in Dobbs v. Jackson in 2022 opened up the possibility for the Court to reexamine its previous rulings on same-sex marriage, including those related to DOMA. This case has sparked discussions about the potential impact on marriage equality in the future.
The Respect for Marriage Act (2022):
On December 13, 2022, President Joe Biden signed the Respect for Marriage Act into law, formally repealing DOMA. This legislation ensured the legal recognition of same-sex marriage nationwide, solidifying the rights established by the Supreme Court's earlier rulings.
In summary, the Supreme Court's rulings on DOMA have played a pivotal role in securing equal rights for same-sex couples in the United States. Through landmark cases like United States v. Windsor and Obergefell v. Hodges, the Court has struck down discriminatory provisions of DOMA, affirmed the constitutional rights of same-sex couples, and paved the way for marriage equality across the nation.
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