The Archive
Reference Library
The founding document as written, a plain overview of the seven Articles, and a glossary of archaic and legal terms.
Civil Rights & Voting
Defense of Marriage Act
Enacted: 1996
Bill Clinton
Defined marriage under federal law as one man and one woman and permitted states to refuse recognition of same-sex marriages performed elsewhere — struck down in Windsor and Obergefell.
Signed by Bill Clinton on September 21, 1996, the Defense of Marriage Act (DOMA) defined 'marriage' for all federal purposes as the union of one man and one woman, and purported to relieve states of their Full Faith and Credit obligation to recognize same-sex marriages performed in other states. In United States v. Windsor (2013) the Supreme Court struck down Section 3 (the federal definition), and in Obergefell v. Hodges (2015) it held that same-sex marriage is a fundamental right — effectively nullifying what remained of the statute. Congress replaced it with the Respect for Marriage Act (2022), which repeals DOMA and codifies interstate recognition of same-sex and interracial marriages.