Defense of Marriage Act
Sep 21, 1996
Statute: 110 Stat. 2419
Became law: Sep 21, 1996
Sep 21, 1996
Statute: 110 Stat. 2419
Became law: Sep 21, 1996
Summary
Sets the federal definition of marriage as a union between one man and one woman and lets states refuse to accept same-sex marriages from other states.
What problem does this solve?
Some states were considering allowing same-sex marriage, which could force other states and the federal government to recognize them. This law defines marriage for the federal government and gives states the choice to not recognize such marriages from other states.
What does this law do?
Federal definition of marriage
Adds a new section to federal law stating that 'marriage' means only a legal union between one man and one woman as husband and wife.
Reference
Text:
Section:
Sec. 2(a)
Header:
Certain acts, records, and proceedings and the effect thereof
States not required to recognize same-sex marriage
Allows any state, territory, or tribe to refuse to honor a same-sex marriage that was legally performed in another state.
Federal definition of spouse
Adds a new section to federal law stating that a 'spouse' refers only to a person of the opposite sex who is a husband or a wife.
Who does this affect?
- Same-sex couples
- State governments
- Federal agencies
What is the real world impact?
•
Denies federal benefits to same-sex couples
Prevents same-sex couples, even if legally married in their own state, from receiving federal protections and benefits, such as joint tax filing, Social Security survivor benefits, and federal employee health benefits.
•
Upholds states' rights
Allows each state to decide for itself whether to recognize same-sex marriages from other states, rather than being forced to by another state's laws.
When does this start?
This law became effective when it was signed on September 21, 1996.