Defense of Marriage Act

Definition

The Defense of Marriage Act (DOMA) was a United States federal law that defined marriage as the legal union between one man and one woman for federal and inter-state recognition purposes. It was enacted in 1996 and was a significant piece of legislation in the context of competitive federalism.

5 Must Know Facts For Your Next Test

1. DOMA allowed states to refuse to recognize same-sex marriages performed in other states, effectively limiting the reach of the Full Faith and Credit Clause of the Constitution.
2. DOMA defined marriage for federal purposes as a union between one man and one woman, denying federal benefits and recognition to same-sex couples.
3. The enactment of DOMA was a response to the possibility of same-sex marriage being legalized in some states, which would have required federal recognition.
4. DOMA was seen by supporters as a way to preserve traditional marriage and protect states' rights, while critics argued it was unconstitutional and discriminatory.
5. In 2013, the U.S. Supreme Court struck down Section 3 of DOMA, which had defined marriage for federal purposes, as unconstitutional.

Review Questions

• Explain how the Defense of Marriage Act (DOMA) related to the concept of competitive federalism.
  • The Defense of Marriage Act (DOMA) was a significant piece of legislation in the context of competitive federalism. DOMA allowed states to refuse to recognize same-sex marriages performed in other states, effectively limiting the reach of the Full Faith and Credit Clause of the Constitution. This was seen by supporters as a way to preserve traditional marriage and protect states' rights, while critics argued it was unconstitutional and discriminatory. The enactment of DOMA was a response to the possibility of same-sex marriage being legalized in some states, which would have required federal recognition. DOMA's impact on the federal-state relationship and the balance of power between the central government and the states was a key aspect of competitive federalism.
• Analyze how the Supreme Court's ruling on DOMA in 2013 affected the dynamic between federal and state power.
  • In 2013, the U.S. Supreme Court struck down Section 3 of the Defense of Marriage Act (DOMA), which had defined marriage for federal purposes as a union between one man and one woman. This decision had a significant impact on the dynamic between federal and state power in the context of competitive federalism. By declaring Section 3 of DOMA unconstitutional, the Supreme Court effectively removed the federal government's ability to deny recognition and benefits to same-sex couples, even in states where same-sex marriage was not yet legal. This shifted the balance of power back towards the states, allowing them to determine their own policies on same-sex marriage without federal interference. The ruling reinforced the principle of federalism and the Tenth Amendment, which reserves powers not delegated to the federal government to the states or the people.
• Evaluate the long-term implications of the Defense of Marriage Act (DOMA) and its eventual repeal on the evolution of federalism in the United States.
  • The Defense of Marriage Act (DOMA) and its eventual repeal have had significant long-term implications on the evolution of federalism in the United States. DOMA's enactment in 1996 represented an attempt by the federal government to assert its authority and limit the recognition of same-sex marriages, even in states where they were legal. This was seen as a violation of states' rights and the principles of federalism by many critics. The Supreme Court's 2013 ruling striking down Section 3 of DOMA, however, reaffirmed the importance of state autonomy and the Tenth Amendment, allowing states to determine their own policies on same-sex marriage. This decision has had a lasting impact on the balance of power between the federal government and the states, reinforcing the idea of competitive federalism and the states' ability to serve as 'laboratories of democracy.' The evolving landscape of same-sex marriage rights has been a significant test of the limits of federal power and the resilience of the federalist system in the United States.

Related terms

Federalism:

Federalism is a system of government in which power is divided between a central authority and constituent political units, such as states or provinces.

Tenth Amendment:

The Tenth Amendment to the U.S. Constitution reserves powers not delegated to the federal government to the states or the people.

Same-Sex Marriage: Same-sex marriage is the legal union of two people of the same sex, which provides them the same rights and benefits as opposite-sex marriages.