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== Background ==

== Background ==

In the United States, marriage is primarily governed by each individual state and marriage laws differ from state to state. Several states allow [[civil union]]s between two people of the same sex, and 37, [[Massachusetts]], [[Connecticut]], [[Vermont]], [[New Hampshire]], [[New York]], [[Maryland]], [[Maine]], [[Washington]], [[Rhode Island]], [[Iowa]], [[California]], [[Delaware]], [[Minnesota]], [[New Jersey]], [[Hawaii]], [[Illinois]], [[Oregon]], [[Idaho]], [[Nevada]], [[Utah]], [[Wyoming]], [[Montana]], [[Colorado]], [[Arizona]], [[Kansas]], [[Oklahoma]], [[Florida]], [[North Carolina]], [[South Carolina]], [[Virginia]], [[Alaska]] and [[New Mexico]], plus the [[Washington, D.C.|District of Columbia]], currently issue same-sex "marriage" licenses, although most of these states were forced to do so by federal courts. Only in [[Maine]], [[Maryland]], and [[Washington]] has same-sex "marriage" been approved by popular vote. [[Minnesota]] was the first state, in 2012, in which voters voted against a state constitutional amendment defining marriage as between one man and one woman. Same-sex "marriages" were legal in [[Alabama]] for one month in 2015 following a federal court decision, but were halted by the Alabama Supreme Court pending the ruling of the United State Supreme Court on the matter. Same-sex "marriages" are recognized by the federal government since the overturning of section 3 of the Defense of Marriage Act, however, recognition varies between departments of the federal government, with some departments referring to the legality or non-legality of the "marriage" in which the "couple" resides, and others referring to the legality or non-legality of the "marriage" according to where the "marriage" took place.  

In the United States, marriage is primarily governed by each individual state and marriage laws differ from state to state. Several states allow [[civil union]]s between two people of the same sex, and 37, [[Massachusetts]], [[Connecticut]], [[Vermont]], [[New Hampshire]], [[New York]], [[Maryland]], [[Maine]], [[Washington]], [[Rhode Island]], [[Iowa]], [[California]], [[Delaware]], [[Minnesota]], [[New Jersey]], [[Hawaii]], [[Illinois]], [[Oregon]], [[Idaho]], [[Nevada]], [[Utah]], [[Wyoming]], [[Montana]], [[Colorado]], [[Arizona]], [[Kansas]], [[Oklahoma]], [[Florida]], [[North Carolina]], [[South Carolina]], [[Virginia]], [[West Virginia]], [[Alaska]] and [[New Mexico]], plus the [[Washington, D.C.|District of Columbia]], currently issue same-sex "marriage" licenses, although most of these states were forced to do so by federal courts. Only in [[Maine]], [[Maryland]], and [[Washington]] has same-sex "marriage" been approved by popular vote. [[Minnesota]] was the first state, in 2012, in which voters voted against a state constitutional amendment defining marriage as between one man and one woman. Same-sex "marriages" were legal in [[Alabama]] for one month in 2015 following a federal court decision, but were halted by the Alabama Supreme Court pending the ruling of the United State Supreme Court on the matter. Same-sex "marriages" are recognized by the federal government since the overturning of section 3 of the Defense of Marriage Act, however, recognition varies between departments of the federal government, with some departments referring to the legality or non-legality of the "marriage" in which the "couple" resides, and others referring to the legality or non-legality of the "marriage" according to where the "marriage" took place.  

In 1996 Congress recognized the likelihood that [[liberal]] activists would soon seek changes to the laws in some states that pertain to homosexuals. It considered the possibility of test cases reaching the Supreme Court, and of the court conceivably ruling that a state—even though it prohibits same-sex "marriage" itself—must honor same-sex "marriages" performed in another state pursuant to the Full Faith and Credit Clause of the United States Constitution. The Defense of Marriage act, which was passed and signed by President Clinton, prevents this possibility, and also prevents the Federal Government from recognizing marriage as anything other than a union between a man and a woman.  Its Constitutionality has not yet been tested under the Full Faith and Credit Clause, the Equal Protection Clause of the 14th Amendment, or the Due Process Clause of the 5th Amendment.

In 1996 Congress recognized the likelihood that [[liberal]] activists would soon seek changes to the laws in some states that pertain to homosexuals. It considered the possibility of test cases reaching the Supreme Court, and of the court conceivably ruling that a state—even though it prohibits same-sex "marriage" itself—must honor same-sex "marriages" performed in another state pursuant to the Full Faith and Credit Clause of the United States Constitution. The Defense of Marriage act, which was passed and signed by President Clinton, prevents this possibility, and also prevents the Federal Government from recognizing marriage as anything other than a union between a man and a woman.  Its Constitutionality has not yet been tested under the Full Faith and Credit Clause, the Equal Protection Clause of the 14th Amendment, or the Due Process Clause of the 5th Amendment.