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Topic: Defense of Marriage Act

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Full Faith and Credit clause

Equal protection clause

Gay marriage

Due process

Full Faith and Credit clause

Federal Marriage Amendment

Fourteenth Amendment to the United States Constitution

United States Constitution

Federal law

Political divisions of the United States

Domestic partnerships in California

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Unalienable rights

American Constitutional Amendments

Equal protection

	Defense of Marriage Act (Site not responding. Last check: 2007-10-09)
		For example, under the National Labor Relations Act, an individual working for his or her spouse does not come within the definition of "employee," and therefore does not have the right, available under the Act to other employees, to organize or to engage in collective bargaining.
		The Employee Retirement Income Security Act prohibits an employee from changing beneficiaries in a retirement plan or from waiving the joint and survivor annuity form of retirement benefit, without the written consent of his or her spouse.
		The Act prohibits use of the due-on-sale clause in case of transfers of residential property from one spouse to another.
	www.washingtonwatchdog.org /documents/gao/OGC/GAO-OGC-97-16.html (5924 words)

	Mormon Church and politics
		A: The purpose of the Defense of Marriage Initiative, to be voted on in March 2000, is to prevent California from having to recognize (homosexual marriages) entered into in other states.
		DOMA is necessary first, because voters in California should decide an issue as important as the fixture of marriage, not legislators or judges in other states bent on transforming society, and changing the legal definition of marriage to conform to same-gender lifestyles.
		By discarding the notion that marriage should not be exclusive to a man and a woman, the gay special interests' push for acceptance has became an attack on traditional marriage and family.
	www.lds-mormon.com /defense_of_marriage.shtml (1879 words)

	President Calls for Constitutional Amendment Protecting Marriage
		The Act passed the House of Representatives by a vote of 342 to 67, and the Senate by a vote of 85 to 14.
		That code, which clearly defines marriage as the union of a man and a woman, was approved overwhelmingly by the voters of California.
		Marriage cannot be severed from its cultural, religious and natural roots without weakening the good influence of society.
	www.whitehouse.gov /news/releases/2004/02/20040224-2.html (772 words)

	CNN - Anti gay marriage act clears Congress - Sept. 10, 1996
		The measure would not bar states from legalizing gay marriages within their borders, but states would not be obligated to recognize such marriages performed in another state.
		"This further demonstrates that the Defense of Marriage Act is really about the politics of fear and division and about inciting people in an area which is admittedly controversial," she said.
		But the Defense of Marriage Act would deny that recognition to "millions of gay and lesbian Americans," she said.
	www.cnn.com /US/9609/10/gay.marriage (524 words)

	"Defense Of Marriage Act" 5/96 H.R. 3396 Summary/Analysis
		The DOMA definition of marriage is derived most immediately from a Washington state case from 1974, Singer v.
		Ramsey, 114 U.S. DOMA is not meant to affect the definition of "spouse" (which under the Social Security law, for example, runs to dozens of lines).
		This Act may be cited as the "Defense of Marriage Act".
	www.lectlaw.com /files/leg23.htm (463 words)

	Defense of Marriage Act - Congresspedia
		Some attorneys believe DOMA may be unconstitutional because it goes beyond the powers granted to Congress by the Full Faith and Credit clause of the Constitution that grants Congress the authority to "prescribe...the Effect" which the laws of one state have in another.
		I believe marriage is an institution for the union of a man and a woman.
		The proposed Federal Marriage Amendment is an effort to circumvent constitutional challenges to DOMA and broaden its provisions.
	www.sourcewatch.org /index.php?title=Defense_of_Marriage_Act (420 words)

	[No title] (Site not responding. Last check: 2007-10-09)
		The Defense of Marriage Act (DOMA) is a federal law permitting states to refuse recognition to same-sex marriages.
		DOMA has two sections, one defining “marriage” for purposes of federal law, and the other affirming federalism principles under the authority granted by Article IV, Section 1 of the Constitution, the Full Faith and Credit Clause.
		The Defense of Marriage Act (DOMA) explicitly defines marriage for Federal purposes as the union of two individuals of opposite sex.
	www.lycoszone.com /info/defense-of-marriage-act.html (507 words)

	The Marriage Law Project at The Catholic University of America
		Marriage laws in the United States are almost exclusively governed by state law.
		Marriage in the United States shall consist only of the union of a man and a woman.
		Neither this constitution or the constitution of any state, nor state or federal law, shall be construed to require that marital status or the legal incidents thereof be conferred upon unmarried couples or groups.
	marriagelaw.cua.edu /Law/states/fed/fed.cfm (620 words)

	Online NewsHour: The Battle Over Same Sex Marriage -- The Defense of Marriage Act
		The Defense of Marriage Act (DOMA) is a federal law designed to give states the right to refuse recognition of a same-sex marriage approved by another state.
		Since DOMA's passage, however, some 38 states have passed their own versions of DOMA, making the definition of marriage as the union of a man and a woman part of their public policy and explicitly stating that same-sex marriages from other states will not be legally recognized.
		Opponents of same-sex marriage have argued that those laws are safe and appropriate in that marriage, by its nature, is a union between a man and a woman.
	www.pbs.org /newshour/bb/law/gay_marriage/act.html (1344 words)

	SSRN-Why the Defense of Marriage Act is Not (Yet?) Unconstitutional: Lawrence, Full Faith and Credit, and the Many ...
		Claims that the DOMA violates state sovereignty by interfering with a family law subject that appropriately falls to the domain of the States are premised on a mischaracterization of the DOMA: the statute does not regulate family law as such, but serves the quintessentially federal function of determining the extraterritorial effect of State law.
		Arguments that the DOMA undermines Full Faith and Credit's fundamental principle of unifying the country overlook a second animating principle behind Full Faith and Credit with which the DOMA is fully consistent - the preservation of meaningfully empowered States.
		Furthermore, while virtually all scholarly critiques have assumed that the DOMA authorizes States to deviate from Supreme Court precedent regarding the enforcement of judgments, the Article shows that DOMA actually fills a gap in the Court's jurisprudence in a manner that is consistent with precedent.
	papers.ssrn.com /sol3/papers.cfm?abstract_id=898895 (571 words)

	Laws, Acts, and Legislation
		Any marriage between persons of the same sex shall have no legal force or effect in this state and, if attempted to be entered into in this state, is void ab initio and shall not be recognized by this state.
		Any public act, record, or judicial proceeding of this state, as defined in section 9.82 of the Revised Code, that extends the specific statutory benefits of legal marriage to nonmarital relationships between persons of the same sex or different sexes is void ab initio.
		Sec. 3105.12. (A) Except as provided in division (B) of this section, proof of cohabitation and reputation of the marriage of a man and woman is competent evidence to prove their marriage, and, in the discretion of the court, that proof may be sufficient to establish their marriage for a particular purpose.
	www.legislature.state.oh.us /bills.cfm?ID=125_HB_272 (1018 words)

	Defense of Marriage Act (via CobWeb/3.1 planetlab2.cs.umd.edu) (Site not responding. Last check: 2007-10-09)
		The Defense of Marriage Act, or DOMA is a federal law of the United States passed by Congress and signed by President Bill Clinton on September 21, 1996.
		Some have argued that DOMA is unconstitutional and would not survive judicial scrutiny under the Supreme Court of the United States because it goes beyond the powers granted to Congress by that clause.
		The Defense of Marriage Act is designed specifically to "quarantine" gay Marriage and prevent states from recognizing the Marriage of gay couples in other states.
	defense-of-marriage-act.iqnaut.net.cob-web.org:8888 (1100 words)

	Gay Marriage: The Arguments and the Motives (via CobWeb/3.1 planetlab2.cs.umd.edu) (Site not responding. Last check: 2007-10-09)
		A benefit to heterosexual society of gay marriage is the fact that the commitment of a marriage means the participants are discouraged from promiscous sex.
		The fact is that a form of gay marriage has been legal in Denmark since 1989 (full marriage rights except for adoption rights and church weddings, and a proposal now exists in the Danish parliament to allow both of those rights as well), and most of the rest of Scandinavia from not long after.
		Gay marriage would not change any church's right to refuse to sanctify any marriage entirely as they wish - it would simply offer churches the opportunity to legally marry gay couples if they wish, as some have expressed the desire to do - the freedom of religion would actually be expanded, not contracted.
	www.bidstrup.com.cob-web.org:8888 /marriage.htm (6226 words)

	LP News Jul96 - LP: Reject 'Defense of Marriage Act' (Site not responding. Last check: 2007-10-09)
		"Marriage should be a private contract between two consenting adults and their church.
		The bill, inspired by reports that Hawaii may legalize same-sex marriages, would exempt states from having to recognize same-sex marriages under another state's laws.
		"Marriage between men and women is a social and religious institution that has thrived for thousands of years," he said.
	www.lp.org /lpn/9607-marriage.html (298 words)

	MARRIAGE DIGEST: Defense of Marriage Act targeted in court - (BP) (Site not responding. Last check: 2007-10-09)
		MIAMI (BP)--Many legal observers assumed the Defense of Marriage Act wouldn’t be challenged in federal court until same-sex “marriage” was legalized in at least one state.
		If the Defense of Marriage Act is overturned, the result presumably would be nationwide recognition of same-sex “marriage.” A Massachusetts court ruling legalizing same-sex “marriage” in that state is scheduled to take effect Monday, May 17.
		Many legal experts believe that a court challenge to the Defense of Marriage Act would be stronger if a couple has a valid marriage license.
	www.bpnews.net /bpnews.asp?ID=18277 (923 words)

	TAKE ACTION on the "Defense of Marriage Act" (Site not responding. Last check: 2007-10-09)
		As you may know, the issue of same-sex marriage is currently before the courts in Hawaii.
		Since many right-wing opponents fear that Hawaii will eventually recognize same sex marriages -- which the federal government and other states might also have to recognize -- they have introduced the so-called Defense of Marriage Act (DOMA) in both the House and the Senate (H.R. and S.
		DOMA is listed on the Senate priorities to be acted upon before the August recess.
	www.now.org /issues/lgbi/marriage.html (462 words)

	Defense of Marriage Act - dKosopedia
		DOMA also allows individual states to refuse to recognize same-gender marriages performed elsewhere.
		DOMA inspired many state-level laws and constitutional amendments to forestall challenges to the federal law.
		Although Bill Clinton signed the Defense of Marriage Act into law during his re-election campaign in 1996 and vehemently opposed same-sex marriage, he did not mention the law in his 2004 memoir, My Life.
	www.dkosopedia.com /index.php/Defense_of_Marriage_Act (344 words)

	The Seattle Times: Local News: Tacoma judge upholds federal Defense of Marriage Act
		Their petition was opposed by the Justice Department on grounds that the federal marriage law prohibited it.
		Snyder found that gays and lesbians have no fundamental right to marriage and that the 1996 does not violate the equal protection clause of the Constitution by allowing members of the opposite sex to wed but not members of the same sex.
		However, she also said she sympathized with the plaintiffs and was "troubled" by the state's decision to suddenly begin enforcing the 91-year-old law.
	seattletimes.nwsource.com /html/localnews/2002009769_webmarriage19.html (495 words)

	Primary Document: President Bush on Marriage
		That legislation defines marriage, for purposes of federal law, as a union between a man and a woman, and declares that no state is required to accept another state's definition of marriage.
		If our laws teach that marriage is the sacred commitment of a man and a woman, the basis of an orderly society, and the defining promise of a life, that strengthens the institution of marriage.
		If courts create their own arbitrary definition of marriage as a mere legal contract, and cut marriage off from its cultural, religious and natural roots, then the meaning of marriage is lost, and the institution is weakened.
	www.nationalreview.com /document/bush200407120906.asp (694 words)

	Shannen W. Coffin on DOMA on National Review Online
		So the Kandus filed legal papers challenging the constitutionality of DOMA on a number of grounds, arguing that the law disregarded the rights of the states to define marriage and that it denied same-sex couples the benefits of marriage in violation of the equal-protection and due-process clauses of the U.S. Constitution.
		While marriage itself is a fundamental right, he reasoned, nothing in the constitution — or even the many Supreme Court decisions expanding the breadth of the constitution — suggests that same-sex marriage is a fundamental right that is to be afforded heightened protection under the law.
		Having concluded that DOMA does not require heightened scrutiny because it neither impairs a fundamental right to marry nor discriminates on the basis of sex (in that it applies equally to both sexes), Judge Snyder then addressed whether the law is supported by a rational basis.
	www.nationalreview.com /coffin/coffin200408180844.asp (1065 words)

	Federal bankruptcy judge upholds Defense of Marriage Act - (BP) (Site not responding. Last check: 2007-10-09)
		It is the third straight court victory for pro-family groups on the issue of same-sex "marriage." On Aug. 12 California's high court invalidated San Francisco's same-sex "marriages," and one week later a judge in Massachusetts upheld a state law that prevents out-of-state same-sex couples from "marrying."
		Kandu's lawyer asserted that DOMA violated the Tenth Amendment by infringing on the states' right to decide marriage laws.
		The Tenth Amendment is not implicated because the definition of marriage in DOMA is not binding on states and, therefore, there is not federal infringement on state sovereignty.
	www.bpnews.net /bpnews.asp?ID=18911 (645 words)

	Same Sex Marriage
		This ruling is one of the latest developments in the larger public discussion of "marriage" and "family" that started in 1993 when the Hawaii Supreme Court ruled that laws denying same-sex couples the right to marry violated state constitutional equal protection rights unless the state could show a "compelling reason" for such discrimination.
		Congress enacted the Defense of Marriage Act (DOMA) in 1996, which bars federal recognition of same-sex marriages and allows states to do the same.
		There have been several proposals before Congress to amend the federal Constitution, defining marriage as between a man and a woman and ensuring that states would not be required to recognize same-sex marriages from other jurisdictions.
	www.ncsl.org /programs/cyf/samesex.htm (696 words)

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