Congressional Digest

Supreme Court Debates May 2013 No. 5 Vol. 16
Same-Sex Marriage in the Courts

Gay Marriage

The Defense of Marriage Act on Trial

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Same-Sex Marriage in the Courts

Overview of Legal Action and Obama Administration Policy

The recognition of same-sex marriages generates debate on both the Federal and State levels. Either legislatively or judicially, same-sex marriage is legal in seven States. Other States allow civil unions or domestic partnerships, which may provide similar State-level rights and/or benefits. Many States have statutes or constitutional amendments limiting marriage to one man and one woman. These State-level variations raise questions about the validity of such unions outside the contracted jurisdiction and have bearing on the distribution of Federal benefits. The Defense of Marriage Act (DOMA) prohibits Federal recognition of same-sex marriages and allows individual States to refuse to recognize…

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