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| − | '''The Defense of Marriage Act''' (DOMA), 28 U.S.C. 1738c, was passed by a [[Republican Party|Republican]] [[Congress]] and signed into law by [[Democratic Party|Democratic]] President [[Bill Clinton]].<ref>The law passed by overwhelming supermajorities: 342-67 in the House, and 85-14 in the Senate.</ref> It defends traditional marriage by enabling each state to refuse to recognize another state's grant of same-sex marriages and clarifies that the U.S. federal government does not recognize same-sex marriages at all, even if recognized by one of the states. | + | '''The Defense of Marriage Act''' (DOMA), 28 U.S.C. 1738c, was passed by a [[Republican Party|Republican]] [[Congress]] and signed into law by [[Democratic Party|Democratic]] President [[Bill Clinton]].<ref>The law passed by overwhelming supermajorities: 342-67 in the House, and 85-14 in the Senate.</ref> It defends traditional marriage by enabling each state to refuse to recognize another state's grant of same-sex "marriages" and clarifies that the U.S. federal government does not recognize same-sex "marriages" at all, even if recognized by one of the states. |
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| | This law has two effects: | | This law has two effects: |
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| − | #No state is required to recognize a same-sex marriage performed in another state under the [[Full Faith and Credit Clause]] of the Constitution. | + | #No state is required to recognize a same-sex "marriage" performed in another state under the [[Full Faith and Credit Clause]] of the Constitution. |
| − | #The federal government must not recognize any same-sex marriages. | + | #The federal government must not recognize any same-sex "marriages". |
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| − | At the time, it was thought that the first effect was most important, and it appears first in the law. Over ten years later, the second effect has emerged as most important, and in early 2009 a lawsuit was filed in [[Massachusetts]] to force the federal government to recognize same-sex marriages performed there. | + | At the time, it was thought that the first effect was most important, and it appears first in the law. Over ten years later, the second effect has emerged as most important, and in early 2009 a lawsuit was filed in [[Massachusetts]] to force the federal government to recognize same-sex "marriages" performed there. |
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| | == State Marriage Laws == | | == State Marriage Laws == |
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| − | 30 out of 50 states have constitutional provisions defining and limiting marriage as between a man and a woman.<ref>http://www.domawatch.com/stateissues/index.html</ref> Traditional marriage has been affirmed in all 31 states in which it was put to a popular vote.<ref name=guardian>[[The Guardian]], [http://www.guardian.co.uk/world/feedarticle/8789627 "Maine voters reject gay-marriage law"]</ref> The states lacking protection of marriage in their constitutions are the 13 northeastern states and territory (D.C.) beginning with [[West Virginia]] (but not including Virginia), plus North Carolina on the East Coast; in the Midwest the states of Minnesota, Iowa, Illinois and Indiana, and in the West the states of Colorado, New Mexico and Washington. As of August 3, 2010, 7 states had judicially declared or legislatively enacted same-sex marriage laws: Massachusetts, California, Iowa, Connecticut, Vermont, Maine and New Hampshire. [[Proposition 8]] modified California's constitution in 2008 to protect the sanctity of marriage, and [[Maine]] [[Question 1]] stopped the homosexual agenda again in 2009.<ref name=guardian> /> Only 5 states currently recognize homosexual marriage.</ref> | + | 30 out of 50 states have constitutional provisions defining and limiting marriage as between a man and a woman.<ref>http://www.domawatch.com/stateissues/index.html</ref> Traditional marriage has been affirmed in all 31 states in which it was put to a popular vote.<ref name=guardian>[[The Guardian]], [http://www.guardian.co.uk/world/feedarticle/8789627 "Maine voters reject gay-marriage law"]</ref> The states lacking protection of marriage in their constitutions are the 13 northeastern states and territory (D.C.) beginning with [[West Virginia]] (but not including Virginia), plus North Carolina on the East Coast; in the Midwest the states of Minnesota, Iowa, Illinois and Indiana, and in the West the states of Colorado, New Mexico and Washington. As of August 3, 2010, 7 states had judicially declared or legislatively enacted same-sex "marriage" laws: Massachusetts, California, Iowa, Connecticut, Vermont, Maine and New Hampshire. [[Proposition 8]] modified California's constitution in 2008 to protect the sanctity of marriage, and [[Maine]] [[Question 1]] stopped the homosexual agenda again in 2009.<ref name=guardian> /> Only 5 states currently recognize homosexual "marriage".</ref> |
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| | Of the roughly 14 states that lack a constitutional traditional marriage provision, seven have "state DOMAs," which is state legislation defining marriage in the traditional way. States or territories that lack constitutional protection for marriage or a state DOMA include New Jersey, Delaware, Rhode Island, D.C., Colorado and New Mexico. | | Of the roughly 14 states that lack a constitutional traditional marriage provision, seven have "state DOMAs," which is state legislation defining marriage in the traditional way. States or territories that lack constitutional protection for marriage or a state DOMA include New Jersey, Delaware, Rhode Island, D.C., Colorado and New Mexico. |