Quantcast
About this site
About us
Our beliefs
Your first visit?
Contact us
External links
Good books
Visitor essays
Our forum
New essays
Other features
Buy a CD
Vital notes

World religions
BUDDHISM
CHRISTIANITY
 Who is a Christian?
 Shared beliefs
 Handle change
 Bible topics
 Bible inerrancy
 Bible harmony
 Interpret Bible
 Persons
 Beliefs, creeds
 Da Vinci code
 Revelation 666
 Denominations
HINDUISM
ISLAM
JUDAISM
WICCA / WITCHCRAFT
Other religions
Cults and NRMs
Comparing religions

Non-theistic...
Atheism
Agnosticism
Humanism
Other

About all religions
Main topics
Basic info.
Gods/Goddesses
Handling change
Doubt/security
Quotes
Movies
Confusing terms
Glossary
World's end
True religion?
Seasonal events
Science/Religion
More info.

Spiritual/ethics
Spirituality
Morality/ethics
Absolute truth

Peace/conflict
Attaining peace
Relig. tolerance
Relig. freedom
Relig. hatred
Relig. conflict
Relig. violence

"Hot" topics
Very hot topics
10 command.
Abortion
Assisted suicide
Cloning
Death penalty
Environment
Homosexuality
Human rights
Gay marriage
Nudism
Origins
Sex & gender
Sin
Spanking kids
Stem cells
Transexuality
Women-rights
Other topics

Laws and news
Religious laws
Religious news

Sponsored links

 

!!!!!!!! Search error!  If the URL ends something like .htm/  or .htm# delete the character(s) after .htm and hit return.

"Defense of marriage acts" (DOMA)

State DOMA laws in the U.S.

Sponsored link.

DOMA legislation in various states:

Article IV, Section 1 of the US Constitution states that "full faith and credit shall be given in each state to the...judicial proceedings of every other state." Thus, if one state legalizes same-sex marriages (SSM), and a couple is married in that state, then the remaining 49 states and the District of Columbia may be required to recognize that marriage.

However, if a state passes a law expressly prohibiting SSMs before they become available somewhere, then some legal authorities believe that they would not be compelled to recognize marriages that were legally solemnized in other jurisdictions.

These beliefs have not been tested in the courts. There seems to be a growing consensus that such laws cannot withstand a legal constitutional challenge, since they violate equal access and equal protection clauses present in the Federal Constitution and most state Constitutions.

Timeline of DOMA developments:

bulletStarting in 1995, bills were written in various states that were often called "Defense of Marriage Acts" (DOMA). Their intent was to outlaw SSMs and to refuse to recognize such marriages recognized in other states. Many have been passed and signed into law. Updated lists are available online. 1,2,3
 
bulletFrom 1995 to 2000, during the first six years of DOMA legislation, the following states passed laws, modified their constitution, or adopted executive orders to ban same-sex marriage:
bullet1995: One state: UT
bullet1996: 15 additional states: AK, AZ, DE, GA, ID, IL, KS, MI, MO, NC, OK, PA, SC, SD, and TN. In two states (AL, MS) state governors adopted an executive order declaring same-sex marriages void.
bullet1997: Nine additional states: AR, FL, HI, IN, ME, MN, MS, ND, VA. 
bullet1998: Four additional states: AL, IA, KY, WA. Also:
bulletAK voters modified the state constitution to specifically discriminate against gays and lesbians.
bulletHI voters modified their state constitution to allow their legislature to discriminate against gays and lesbians.
bullet1999: One additional state: LA
bullet2000: California Proposition 22 to restrict marriage to opposite-sex couples was passed by the voters on 2000-MAR-7.

On 1996-FEB-20 Ed Fallon delivered a moving speech in the Iowa House against the DOMA bill in his state.
 

bulletBy 2004-FEB: A total of:
bullet33 states had passed DOMA laws banning same-sex marriage: Alabama, Arizona, Arkansas, Colorado, Delaware, Florida, Georgia, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Michigan, Minnesota, Mississippi, Missouri, Montana, North Carolina, North Dakota, Ohio, Oklahoma, Pennsylvania, South Carolina, South Dakota, Tennessee, Texas, Utah, Virginia, Washington, and West Virginia.
bullet5 states had passed ballot initiatives banning same-sex marriage: Alaska, California, Hawaii, Nebraska and Nevada. 2

Sponsored link:

bulletDuring 2009-JUN: The Traditional Values Coalition (TVC) stated that:
bullet30 states had constitutional amendments banning same-sex marriage, and
bullet41 states had DOMA legislation banning same-sex marriage.

However, the TVC's website graphic showing the status of same-sex marriage, DOMA legislation and DOMA amendments was last updatged during 2008-NOV. It was hopelessly out of date by mid-2009. 4

During the first half of 2009 when the Supreme Court in Iowa legalized SSM, and the legislatures in all but one of the New England states legalized SSM, the court or legislature simply repealed the state's DOMA act as part of the ruling or legislation legalizing SSM.

References used:

The following information sources were used to prepare and update the above essay. The hyperlinks are not necessarily still active today.

  1. A listing of activity on a state by state basis is available at: http://www.ftm.org/ It does not seem to have been updated recently.
  2. A frequently updated activity list is at the Lambda Legal Defense and Education Fund at:  http://www.lambdalegal.org/ 
  3. Sonja Swiatkiewicz, "Connecticut Attempts to Protect Marriage," Focus on the Family, 2003-FEB-21, at: http://www.family.org/
  4. "SPECIAL REPORT: 50-State Survey Of Marriage Protection Amendments," Traditional Values Coalition, 2009-NOV, at: http://www.traditionalvalues.org, Downloaded on 2009-JUN-17. As noted above, the graphic is badly out of date.

Site navigation:

Home > Religious info. > Basic > Marriage > SSM > SSM menu > DOMA > here

Home > "Hot" topics > Homosexuality > SSM > SSM menu > DOMA > here

Copyright © 1995 to 2009 by Ontario Consultants on Religious Tolerance
Originally written: 1995-SEP-11
Latest update: 2009-JUN-17
Author: B.A. Robinson

line.gif (538 bytes)
Sponsored link

Go to the previous page, or to the "DOMA" law menu, or choose:

Google
Web ReligiousTolerance.org

Go to home page  We would really appreciate your help

E-mail us about errors, etc.  Purchase a CD of this web site

FreeFind search, lists of new essays...  Having problems printing our essays?


Twitter link

Facebook icon

Google Page Translator:

This page translator works on Firefox,
Opera, Chrome, and Safari browsers only

After translating, click on the "show
original" button at the top of this
page to restore page to English.

 

Sponsored link: