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The founding document as written, a plain overview of the seven Articles, and a glossary of archaic and legal terms.

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Civil Rights & Voting

Defense of Marriage Act

Enacted: 1996

Signed into law by

Bill Clinton

In brief

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.

The Act in depth

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.

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