The Defense of Marriage Act

Paper Summary:

On January 3, 1996, the Senate and Congress passed the Defense of Marriage Act (DOMA), effectively making it a federal crime for states to perform same-sex marriages, and it allowed states to ignore and nullify a same-sex marriage done in another state. This paper discusses the unconstitutionality of the Defense of Marriage Act, and how it violates the constitutional rights of individuals, religious groups and states.

From the Paper:

"Proponents of the Defense of Marriage Act state that homosexuals can get the same rights as married heterosexual couples by entering a domestic partnership agreement. However, this process is more difficult than getting married, putting same-sex couples through unnecessary trouble and expense. A domestic partnership also puts forward the message that a homosexual relationship is inferior and second-class to a heterosexual relationship and that gays and lesbians are inferior, second-class citizens. The constitution calls for equality-where no citizen is considered second-class-yet DOMA reeks of discrimination against gays".

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