DoMA

=**__Defense of Marriage Act__**=

General Synopsis of theLaw: DOMA acts mainly as two things: 1) to clarify the definition of "Marriage" and "Spouse" for all legal purposes; "Marriage"-the legal union of a man and a woman  "Spouse"- legal partner of opposite sex  2) Reserves the power to states about whether same sex "marriage" should be granted legal status.

Reasons for Passing:


 * promotes the public interest in "responsible procreation and childbearing"
 * healthy families are important to health of nations
 * response to decade's "assault on marriage"
 * especially Hawaii court decision
 * said that there is a right to same sex "marriage" in the Hawaii Constitution
 * congressional concern about Hawaii's effect on other states, federal laws, marriage as an institution, traditional morality, and state sovereignty

sssssssssssssssssssssssssssssssssssssss || Opponents fffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffff ||
 * Advocates
 * -argue that the fundamental understanding of marriage is the union between a man and a woman (morality)

-deny that DOMA violates the Due Process and Equal Rights clauses, saying that same-sex marriages are legal in some states and have no criminal sanctions against them || -DOMA violates Equal Rights and Due Process

-argue that the federal government does not have the right to define authority and should defer to the state's definitions

-some opponents of DOMA who also oppose same-sex marriage say that the federal government does not have the right to define marriage because they believe that someday the federal government will amend the law to allow same-sex marriage ||

The Defense of Marriage Act raises many controversial issues surrounding federalism. In the Constitution the "Full Faith and Credit" clause confirms that states must recognize the "public acts, records, and judicial proceedings of other states". However DOMA excludes same-sex marriage from these acts that are protected across state lines by saying that states where same-sex marriage is prohibited are under no obligation to recognize the homosexual unions made in states that allow them. Also, defining marriage is not a power enumerated in the Constitution under the domain of the federal government, and Amendment #10 reserves powers not specifically given to the national governments to the state governments. Under this assumption it would continue to be the states prerogative to determine what marriage means, not the national government's.

DOMA was/is an extremely controversial piece of legislation because it says two things regarding gay marriage. 1) "Prohibits the Federal Government and all federal agencies from extending any federal marriage-based benefits, privileges and rights to same sex couples." 2) "Authorizes states to refuse to recognize same-sex marriages from other states." At the time passed, majority of the Senate and House voted for the legislation, actually passing overwhelmingly...therefore it was easy to pass. More of the controversy now, however, is to repeal the act.



Different Perspectives:
 * Liberal:
 * against DOMA
 * prohibiting same sex marriage denies civil rights; everyone has the right to marry
 * President Obama's political platform supported full repeal
 * "Each marriage, gay no less than straight, creates social capital for the whole community."
 * Conservative:
 * pro DOMA
 * same sex marriage alters the core meaning of marriage
 * <span style="font-family: 'Times New Roman',serif; font-size: 12pt; line-height: normal; margin: 0in 0in 10pt;">institution of traditional marriage should be protected mostly through state law
 * <span style="font-family: 'Times New Roman',serif; font-size: 12pt; line-height: normal; margin: 0in 0in 10pt;">states recognize ad regulate marriage
 * <span style="font-family: 'Times New Roman',serif; font-size: 12pt; line-height: normal; margin: 0in 0in 10pt;">"Core institutions, such as family, provide the surest bulwark against the relentless expansion of the state."
 * <span style="font-family: 'Times New Roman',serif; font-size: 12pt; line-height: normal; margin: 0in 0in 10pt;">Libertarian:
 * <span style="font-family: 'Times New Roman',serif; font-size: 12pt; line-height: normal; margin: 0in 0in 10pt;">against DOMA
 * <span style="font-family: 'Times New Roman',serif; font-size: 12pt; line-height: normal; margin: 0in 0in 10pt;">believe that the federal government has no right to define marriage
 * <span style="font-family: 'Times New Roman',serif; font-size: 12pt; line-height: normal; margin: 0in 0in 10pt;">it is the states' or local communities' right
 * <span style="font-family: 'Times New Roman',serif; font-size: 12pt; line-height: normal; margin: 0in 0in 10pt;">"No one should be given any legal preferences or disadvantages on the basis of sexual orientation."

DOMA

Both Federal and State governments have dealt with many issues in regards to DOMA... The Federal Courts have been dealing with those trying to appeal the law. The controversy lies within the Constitution; a constant battle to prove or disprove that same-sex marriage is legal or illegal according to the Supreme Law of the Land. Also, Obama has been dealing with issues regarding DOMA because part of his campaign was to repeal it; however in June 2009 Obama defended DOMA causing problems with LGBT groups. The states main issue is voting on their individual state laws regarding same-sex marriages. California had legalized same-sex marriage then created Proposition 8 which once again restricted it. While some states do not recognize the relationship as marriage, some states recognize civil unions. Also, one of the other problems aside from the state voting to allow same-sex marriages is the problem that some states do not want to even recognize marriages from other states like they would a drivers license or a heterosexual couple's marriage. The states that recognize same-sex MARRIAGES are: Connecticut, Massachusetts, Iowa, New Hampshire, Vermont, and DC. Those that recognize civil unions/domestic partnership are: Nevada, California, Oregon, Washington, and New Jersey.
 * Federal Problems:**
 * State Problems:**

DOMA The DOMA was passed on September 21, 1996 during the Clinton administration. The Clinton administration was one with many controversial issues, including a personal scandal with the president and an intern. President Clinton strongly opposed discrimination against LGBTs, and encouraged the passing of the Employment Non Discrimination Act, which would prohibit discrimination by employers based on sexual orientation. This act is still in the process of passing, but it is sremiscent of the issues the Clinton Administration faced. One issue is weather or not the federal government has a right to intrude on recognizing marriage, something that has always been in the domain of the states. In Massachusetts where gay marriage is recognized, gay couples are still denied many rights that opposite sex couples have. Some say that the DOMA is unconstitutional, not because it discriminates against gay couples, but because it violates states' rights. The question that is then raised is if it is unconstitutional because it violates states' rights or because it violates individual rights.
 * When it was passed:**
 * Other Relevant Issues:**