The 411 on the Defense of Marriage Act {DOMA}// get the facts. . .

The Digital Network Army is fighting for Marriage and for the DOMA!!!

The Digital Network Army is fighting for Marriage and for the DOMA!!!

The following information is a post I found over at Stand for Marriage. Zoey gave her readers an awesome DOMA and FMA {Federal Marriage Amendment} breakdown and I wanted to share it for those of you who are unfamiliar with this issue.

It has come to my attention that many don’t understand much about the Defense of Marriage Act (DOMA) and the Federal Marriage Amendment (FMA).

So, let’s get down to the knitty-gritty:

DOMA is an United States federal law signed by President Clinton on September 21, 1996 that has two effects:

  1. No state need treat a relationship between persons of the same sex as a marriage, even if the relationship is considered a marriage in another state.
  2. The Federal Government may not treat same-sex relationships as marriages for any purpose, even if concluded or recognized by one of the states.

Why did we need DOMA? Under the U.S. Constitution’s FULL FAITH AND CREDIT CLAUSE

Since DOMA’s enactment the United States Supreme Court has declined reviewing several challenges of the law’s constitutionality.

President Obama wants to repeal DOMA.

FMA is a proposed United States constitutional amendment which would limit marriage in the United States to unions between one man and one woman. The amendment has been proposed to the U.S congress 4 times.

(Article IV, Section 1), states are expected to recognize the public acts, records, and judicial proceedings of every other state. Therefore, Congress was alarmed at the prospect of a gay or lesbian couple being married in one state and then going to another state and expecting that state to recognize them as legally married.

  • The strongest version of a Federal Marriage Amendment would override any possible application of the Full Faith and Credit clause to same-sex partnerships, marriages or civil unions in other states and would permanently prohibit both the federal and state governments from recognizing same-sex unions.
  • Those who oppose the FMA do so for several reasons but mainly because they believe it is not the place for the federal government to regulate marriage.
  • Many (including McCain), however, would support a Federal Marriage Amendment if DOMA is repealed.

What will it mean if Obama is successful in repealing DOMA?

The obvious: same-sex couples can get married in Mass. or Conn. (where same-sex marriage is allowed) and move to a state (say, Ohio), who has defined marriage as between a man and woman, and under the Full, Faith, and Credit Clause force the marriages to be recognized, thus voiding (in this example, Ohio’s) state marriage law.


Advertisements

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s