What Is the Defense of Marriage Act (DOMA) and What Does It Mean?

The Defense of Marriage Act (DOMA) is a U.S. federal law passed in 1996 that defines marriage as a union between one man and one woman. It was signed into law by President Bill Clinton, and has been vehemently opposed by LGBTQ+ activists who see it as a violation of their rights. The law prevents the federal government from recognizing same-sex marriages, and specifically forbids the federal government from granting any of the benefits that married couples typically receive, such as Social Security benefits, family health insurance, and joint tax filing.

DOMA has been seen as both a violation of human rights and a way for those opposed to same-sex marriage to codify their beliefs. DOMA was struck down in 2013 by the Supreme Court as an unconstitutional deprivation of the equal protection of the laws, effectively making same-sex marriage legal across the country. But in 2015, the Supreme Court again ruled in a landmark decision that under the Fourteenth Amendment, same-sex couples have the right to marry in all 50 U.S. states.

The implications of DOMA are far reaching for individuals, couples, and businesses. In addition to the right to marry and receive benefits, individuals and couples in same-sex marriages can now jointly file taxes, receive family health insurance, and receive Social Security benefits. Businesses are now allowed to provide benefits to same-sex spouses. of course, the specifics of how these benefits are provided and administered vary from state to state. Nevertheless, DOMA has been a game-changer for those in same-sex relationships.