Home \ Issues \ Inglis on the Issues \ Defense of Marriage Act (DOMA)
What is DOMA?
The Defense of Marriage Act, or DOMA, was passed by Congress in 1996. DOMA bars federal recognition of same-sex marriages and allows states to ignore same-sex marriages performed in another state. Over forty states have enacted their own Defense of Marriage statutes, which are modeled after the federal DOMA. Generally, these state laws define marriage as a union between one man and one woman.
Alabama: On June 6, 2006, 80 percent of voters, in a statewide referendum, approved a constitutional amendment that prohibits same-sex marriage. Alabama also has a state DOMA.
Alaska: State constitution includes an amendment prohibiting same-sex marriage. However, the Alaska Supreme Court ruled that gay and lesbian government employees must be provided domestic partner benefits. Alaska also has a state DOMA.
Arizona: Arizona votes approved constitutional ban on gay marriage in November 2008. Arizona has state DOMA.
Arkansas: State constitution contains an amendment prohibiting same-sex marriage. Arkansas also has a state DOMA.
California: A federal suit alleges that California's definition of marriage as being between one man and one woman violates rights granted under the U.S. Constitution. The trial court held that DOMA's definition of marriage is constitutional. The court did not rule on whether the state definition of marriage is constitutional. The Ninth Circuit Court of Appeals found that the plaintiffs lacked standing to challenge DOMA and did not reach the merits of the case. The Plaintiffs have filed a petition for the case to be heard by the U.S. Supreme Court.
Colorado: Colorado voters approved constitutional amendment limiting marriage to a man and women in November 2006. At the same time they rejected a referendum that would have granted many of the benefits of marriage to domestic partners. Colorado also has state DOMA.
Connecticut: Connecticut , in April 2005, became the first state to voluntarily adopt a statute similar to Vermont 's, which allows same-sex civil unions. Connecticut's measure, signed by Republican Gov. Jodi Rell, went into effect October 2005.
Delaware: State constitutional amendment to ban same-sex marriage failed in the Delaware Senate on March 26, 2009. Delaware also has a state DOMA.
Florida: State DOMA prohibits same-sex marriage. Lawsuits filed in federal courts in Florida in 2004 challenging the federal Defense of Marriage Act (DOMA) were dropped by the plaintiffs.
Georgia: Amendment was challenged but upheld. In July 2006, the Georgia Supreme Court ruled the state constitutional amendment banning gay marriage did not violate the state constitution's "single-subject rule" merely because it mentioned both marriage and civil unions. The court reached its decision solely on technical legal grounds, and did not speak to the merits of the ban. Georgia also has a state DOMA.
Hawaii: Amendment does not ban same-sex marriage, but stipulates that only the legislature, not the courts, can define marriage. Hawaii also has a state DOMA.
Idaho: State amendments approved by legislature and scheduled for statewide vote in November 2006. Idaho also has a state DOMA.
Illinois: State DOMA prohibits same-sex marriage.
Indiana: State amendments approved but requiring second legislative vote in 2007. Indiana also has a state DOMA.
Iowa: Iowa passed DOMA in 1998. The Iowa's Supreme Court struck down the state's ban on gay marriage on April 3, 2009, saying the provision violates the constitutional rights of gay and lesbian couples. The court's decision upholds a 2007 Polk County District Court judge's ruling.
Kansas: State constitution includes an amendment prohibiting same-sex marriage. Kansas also has a state DOMA.
Kentucky: State constitution includes an amendment prohibiting same-sex marriage. Kentucky also has a state DOMA.
Louisiana: State constitution includes an amendment prohibiting same-sex marriage. Louisiana also has a state DOMA.
Maine: On May 6, 2009 Maine legalized gay marriage. States passed DOMA in 1997, had a domestic partner law that offers limited spousal rights to same-sex couples.
Maryland: State statutory law defines marriage as a union between a man and a woman. In January 2006, Maryland circuit court judged ruled that the statute violates the state’s constitution. However on September 19, 2007, state’s highest court overturned that decision, ruling that same-sex couples do not have the constitutional right to marry.
Massachusetts: On May 17, 2004, the Supreme Court of Massachusetts ruled in Goodridge v. Department of Public Health that it was unconstitutional to allow only heterosexual couples to marry. This ruling made Massachusetts the first state to permit and recognize same-sex marriages. However, a state constitutional amendment to ban same-sex marriage is pending in state legislature. The Massachusetts Constitution prohibits an initiative amendment that reverses a judicial decision. This created the issue of whether the proposed amendment initiative would "reverse" Goodridge, and is thus prohibited. On July 10, 2006, the Massachusetts Supreme Court ruled that the proposed marriage amendment did not "reverse" the Goodridge decision, and therefore could go forward. In June 2007, state lawmakers voted against a constitutional amendment banning same-sex couples from marrying. And in July 2008, lawmakers repealed 1913 law that previously prevented out of state gay couples from marrying in Massachusetts .
Michigan: State constitution includes an amendment prohibiting same-sex marriage. Michigan also has a state DOMA.
Minnesota: State DOMA prohibits same-sex marriage.
Mississippi: State constitution includes an amendment prohibiting same-sex marriage. Mississippi also has a state DOMA.
Missouri: State constitution includes an amendment prohibiting same-sex marriage. Missouri also has a state DOMA.
Montana: State constitution includes an amendment prohibiting same-sex marriage; however, the Montana Supreme Court ruled that the state must provide lesbian and gay employees of the University of Montana System with the option of purchasing health insurance and other employee benefits for their domestic partners. Michigan also has a state DOMA.
Nebraska: On Friday July 14, 2006 the 8th U.S. Circuit Court of Appeals ruled that Nebraska’s marriage amendment "and other laws limiting the state-recognized institution of marriage to heterosexual couples are rationally related to legitimate state interests and therefore do not violate the Constitution of the United States." Seventy percent of voters approved the ban as a constitutional amendment in 2000.
Nevada: Nevada incorporated DOMA language into their state Constitution in 2002.
New Hampshire: On June 3, 2009 Gov. Lynch signed legislation making New Hampshire the 6th state to allow gay marriage taking effect January 2010. It does give religious institutions the right to decline to marry same-sex couples. State originally passed DOMA in 2004 but state lawmakers defeated ban twice since then.
New Jersey: On October 25, 2006 New Jersey Supreme Court unanimously ruled in favor of same-sex marriage. In December 2006, legislature opted to allow for civil unions instead of marriage.
New Mexico: Nostate law or policy on same-sex marriage.
New York: State statutory law limits marriage to a union between a man and woman. Five cases were consolidated for decision in New York's highest court. The Court issued its decision on July 6, 2006, upholding the marriage laws as constitutional. On April 16, 2009 Gov. Paterson proposed legislation to legalize gay marriages.
North Carolina: State constitutional amendment to ban same-sex marriage is pending in state legislature. North Carolina also has a state DOMA.
North Dakota: State constitution includes an amendment prohibiting same-sex marriage. North Dakota also has a state DOMA.
Ohio: State constitution includes an amendment prohibiting same-sex marriage. Ohio also has a state DOMA.
Oklahoma: State constitution includes an amendment prohibiting same-sex marriage. Two same-sex couples filed suit in federal court, seeking a declaration that the Oklahoma marriage amendment and the federal DOMA are unconstitutional. The district court granted a motion to dismiss the plaintiffs' claims based on the Full Faith and Credit clause and Privileges and Immunities clause. The case is now at the summary judgment stage to decide the due process and equal protection claims. Oklahoma also has a state DOMA.
Oregon: State DOMA. State passed Constitutional amendment banning gay marriage on November 2, 2004. In November 2005, federal district judge threw out a case challenging Oregon’s constitutional ban on same sex marriage. In May 2007, Oregon enacted domestic partnership law extending all state-level spousal rights to same-sex couples. Law went into effect January 1, 2008.
Pennsylvania: Pennsylvania has a state DOMA but there has been push to pass a constitutional marriage amendment. Measure passed in the state House but not in the state Senate in its present form.
Rhode Island: February 2007, Rhode Island’s Attorney General wrote a legal opinion advising state to recognize same-sex marriages performed in neighboring Massachusetts. Opinion has not been tested. In December 2007, Rhode Island state court refused to recognize a divorce by a same-sex couple married in Massachusetts.
South Carolina: South Carolina residents approved constitutional amendment banning gay marriage in November 20006. South Carolina also has a state DOMA.
South Dakota: Amendment to state constitution banning same-sex marriage and prohibiting civil unions and domestic partners were approved by South Dakota voters in November 2006. South Dakota has a state DOMA.
Tennessee: Tennessee voters approved a constitutional amendment banning gay marriage in November 2006. Tennessee also has state DOMA.
Texas: State constitution includes an amendment prohibiting same-sex marriage. Texas also has a state DOMA.
Utah: State constitution includes an amendment prohibiting same-sex marriage. Utah also has a state DOMA.
Vermont: On April 7, 2009, Vermont became 1st state to legalize same-sex marriage through state legislature.
Virginia: State constitutional amendment prohibiting same-sex marriage approved by legislature November 2006. Virginia also has a state DOMA.
Washington: Washington state passed DOMA in 1998, offering limited rights to registered domestic partners since July 2007. On May 18, 2009, Gov. Gregoire extended all state-level spousal rights to gay couples.
West Virginia: State DOMA prohibits same-sex marriage.
Wisconsin: Wisconsin has a law prohibiting same-sex marriage predating DOMA. State constitutional amendment prohibiting same-sex marriage approved by legislature in November 2006.
Wyoming: State law, predating the federal DOMA prohibits same-sex marriage.
Sample Comment
Comment comment comment comment