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Defense of Marriage Act

In 1996, the U.S. Congress passed the “Defense of Marriage Act” establishing a legal definition of marriage.
Author
104th Congress
Grade Level

H.R.3396 -- Defense of Marriage Act (Enrolled Bill [Final as Passed Both House and Senate] - ENR)

One Hundred Fourth Congress
of the
United States of America

AT THE SECOND SESSION

Begun and held at the City of Washington on Wednesday,

the third day of January, one thousand nine hundred and ninety-six

An Act
To define and protect the institution of marriage.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘Defense of Marriage Act’.

SEC. 2. POWERS RESERVED TO THE STATES.

(a) IN GENERAL- Chapter 115 of title 28, United States Code, is amended by adding after section 1738B the following:

`Sec. 1738C. Certain acts, records, and proceedings and the effect thereof

‘No State, territory, or possession of the United States, or Indian tribe, shall be required to give effect to any public act, record, or judicial proceeding of any other State, territory, possession, or tribe respecting a relationship between persons of the same sex that is treated as a marriage under the laws of such other State, territory, possession, or tribe, or a right or claim arising from such relationship.’.

(b) CLERICAL AMENDMENT- The table of sections at the beginning of chapter 115 of title 28, United States Code, is amended by inserting after the item relating to section 1738B the following new item:

‘1738C. Certain acts, records, and proceedings and the effect thereof.’.

SEC. 3. DEFINITION OF MARRIAGE.

(a) IN GENERAL- Chapter 1 of title 1, United States Code, is amended by adding at the end the following:

`Sec. 7. Definition of ‘marriage’ and ‘spouse’

In determining the meaning of any Act of Congress, or of any ruling, regulation, or interpretation of the various administrative bureaus and agencies of the United States, the word ‘marriage’ means only a legal union between one man and one woman as husband and wife, and the word ‘spouse’ refers only to a person of the opposite sex who is a husband or a wife.’.

(b) CLERICAL AMENDMENT- The table of sections at the beginning of chapter 1 of title 1, United States Code, is amended by inserting after the item relating to section 6 the following new item:

‘7. Definition of ‘marriage’ and ‘spouse’.’.

Approved September 21, 1996.

LEGISLATIVE HISTORY--H.R. 3396:

HOUSE REPORTS: No. 104-664 (Comm. on the Judiciary).

CONGRESSIONAL RECORD, Vol. 142 (1996):

July 11, 12, considered and passed House.

Sept. 10, considered and passed Senate.

Planning a lesson or unit on marriage equality? Try grouping this text with An Act to Protect Religious Freedom and Recognize Equality in Civil Marriage and "Loving for All."
Source
This text is in the public domain.
Text Dependent Questions
  1. Question
    How did this act define “marriage” and “spouse”? Cite evidence from the text in your response.
    Answer
    Marriage is defined as existing only between one man and one woman. Spouse is defined as someone of the opposite sex, known as a husband or wife.
  2. Question
    How does the act strengthen the power of the states? Cite evidence from the text in your response.
    Answer
    According to the Defense of Marriage Act (DOMA), states were not obliged to honor or follow the legal policies of other states with regards to same-sex marriage. This means that even if a same-sex couple was legally married in one state, when they travel into another state, if that state does not legally allow same-sex marriage, then that couple no longer has the rights associated with the legal status of marriage. This strengthened the power of individual states to make their own laws, as opposed to a scenario where all states are held to the same legal standard.
  3. Question
    The Defense of Marriage Act was overturned by the U.S. Supreme Court in 2013, but for more than 15 years it was
    the law of the land. Based on what it says, what were some of the likely effects of this law during those years?
    Answer
    Gay and lesbian couples all over the country were denied the right to marry and to have the same rights and
    freedoms granted to heterosexual couples. Among the ways this affected same-sex couples was in their ability to raise families, receive medical care, plan for end of life and secure their financial futures.
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