Abstract
Abstract The Defense of Marriage Act (DOMA) was enacted by the US Congress in 1996, in response to concerns that Hawaii and other states might recognize same‐sex marriage. The act contains two substantive provisions. Section 2 provides that no state is required to recognize or treat as valid a same‐sex marriage entered into in any other state. Section 3 provides that, for purposes of federal law, only marriages between one man and one woman are recognized and treated as valid. However, this provision was declared unconstitutional by the US Supreme Court in United States v. Windsor (2013). Many states have enacted laws and constitutional provisions similarly providing that only marriages between one man and one woman shall be recognized and treated as valid in that state. In Obergefell v. Hodges (2015), the US Supreme Court held that these provisions violate the Fourteenth Amendment, that states must allow same‐sex marriage, and that states must recognize same‐sex marriages performed in other states. Thus, DOMA is no longer valid in any respect.
Sign-in/Register to access full text options 
Talk to us
Join us for a 30 min session where you can share your feedback and ask us any queries you have
Schedule a callDisclaimer: All third-party content on this website/platform is and will remain the property of their respective owners and is provided on "as is" basis without any warranties, express or implied. Use of third-party content does not indicate any affiliation, sponsorship with or endorsement by them. Any references to third-party content is to identify the corresponding services and shall be considered fair use under The CopyrightLaw.
