Defense of Marriage Act (DOMA) |
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In 1996 Congress enacted the DOMA "[t]o define and protect the institution of marriage." It allows all states, territories, possessions, and Indian tribes to refuse to reconize an act of any other jurisdication that designates a relationship between individuals of the same sex as a marriage.1
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DOMA states: "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 proceeeding 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 relationsip.1 |
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Furthermore DOMA goes on to declare that the terms "marriage" and "spouse" as used in federal enactment, execlude homosexual mariage:1 "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." 1
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