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- DOMA was a federal statute that addressed marriage recognition
- DOMA used two different legal mechanisms
- Federal and state marriage rules can point in different directions
- The Respect for Marriage Act later changed key parts of federal law
- Recognition questions often show up in day to day legal paperwork
- Federal court dockets can show how fast moving these issues were
- Religious liberty language appears in the 2022 statute
- Sources
Key Facts
- Federal level: The Defense of Marriage Act was enacted in 1996 as Public Law 104-199.
- Federal level: DOMA added 1 U.S.C. § 7 to define “marriage” and “spouse” for federal purposes using an opposite-sex definition.
- Federal and state: DOMA also added a provision to Title 28 stating that no state, territory, possession, or Indian tribe was required to give effect to certain same-sex marriage-related acts, records, or proceedings from another jurisdiction.
- Federal level: In 2022, Congress enacted the Respect for Marriage Act as Public Law 117-228.
- Federal and state: The Respect for Marriage Act repealed 28 U.S.C. § 1738C as it previously existed.
- Federal level: The Respect for Marriage Act amended 1 U.S.C. § 7 to define when an individual is considered married for purposes of federal law when marital status is a factor.
- Federal and state: The Respect for Marriage Act created a new 28 U.S.C. § 1738C that addresses full faith and credit for marriages, and it includes enforcement provisions.
- Federal level: The Respect for Marriage Act includes provisions stating that it does not diminish religious liberty protections otherwise available under the U.S. Constitution or federal law.
DOMA was a federal statute that addressed marriage recognition
DOMA was a federal law that spoke to two related issues: how the federal government defined marriage for federal-law purposes and how states could treat certain out-of-state marriage-related records and proceedings.
DOMA used two different legal mechanisms
One part of DOMA placed a federal definition into the U.S. Code, stating that “marriage” and “spouse” had specific meanings “in determining the meaning of any Act of Congress” and related federal rules, regulations, and interpretations.
Another part of DOMA added language to Title 28 about whether states, territories, possessions, and Indian tribes were required to give effect to certain out-of-state actions involving a same-sex relationship that was treated as a marriage under the other jurisdiction’s laws.
Federal and state marriage rules can point in different directions
Marriage is often created under state law, such as when a state issues a marriage license and treats the couple as married under that state’s rules.
Federal law sometimes uses marital status as a deciding factor for federal rights, benefits, and obligations, which can make the federal definition of marriage legally important even when a couple is treated as married under state law.
The Respect for Marriage Act later changed key parts of federal law
In 2022, Congress enacted the Respect for Marriage Act, which made several statutory changes, including repealing the earlier version of 28 U.S.C. § 1738C and amending 1 U.S.C. § 7 to describe when an individual is considered married for purposes of federal law when marital status is a factor.
The Respect for Marriage Act also created a new 28 U.S.C. § 1738C that addresses full faith and credit for marriages and includes enforcement provisions that refer to declaratory and injunctive relief in federal district court.
Recognition questions often show up in day to day legal paperwork
Conflicts between federal and state marriage rules have historically created uncertainty in situations where a legal status matters, such as forms, records, and other documents that rely on whether a person is considered “married” under the controlling law.
Federal court dockets can show how fast moving these issues were
When DOMA’s federal role was being publicly debated, the Supreme Court’s docket for No. 12-307 shows how the Court scheduled and managed briefing and argument in a major DOMA-related case.
Religious liberty language appears in the 2022 statute
The Respect for Marriage Act contains provisions stating that nothing in the Act, or its amendments, is construed to diminish or abrogate religious liberty or conscience protections otherwise available under the U.S. Constitution or federal law.
The Act also contains language addressing nonprofit religious organizations and certain employees, stating that they are not required to provide services, accommodations, advantages, facilities, goods, or privileges for the solemnization or celebration of a marriage, and it describes limits on civil claims based on that refusal.
