The Defense of Marriage Act

The Defense of Marriage act was a bill passed by congress and signed in
1996 by Bill Clinton. The bill was intended to prevent individuals of same sex
marriage from receiving certain tax, medical and legal recognition benefits
those heterosexual marriages would receive within federal law. At this time
the ceremony was allowed for same sex marriages to be celebrated,
however not all states were required to recognize same sex marriages. What
is the Defense of Marriage Act? Section 1 is the short title – (DOMA), section
2 allows for states to not recognize same sex marriages from married
couples home state – power reserved by the state, section 3 prevents
recognition of marriages from same sex couples for federal laws and
programs – the definition of marriage.

The implementation of the act strongly affects the LGBTQ community,

hindering their rights of gaining shared benefits of their deceased partners.
When a heterosexual couple list their beneficiary, they will be given the
percentage squared away for them. When it came to New York residents
Edith Windsor and Thea Spyer who were together over 50 years, and married
2007 in Canada, Edith was not granted a tax exception following the passing
of Thea in 2009. Thea had left her estate to Edith; however, the state of New
York didn’t recognize their marriage as a legally binding and Edith was not
granted her tax exemption for surviving spouses. Edith had to pay for the
passing of her lover, federal taxes, and emotional drainage during this time.
The fight went through the court system all the way up to the Supreme Court
and the outcome would make a positive difference as Edith challenged
section 3 of the DOMA. Once the dust from trails would settle, Edith would
have section 3 of the DOMA shifted in the benefit of the LGBTQ community.
Representation for all, and equal rights no matter your gender or sexual
preference as a married couple.

The U.S. today has made drastic progressive changes towards the Defense of
Marriage Act since the original signing date by Bill Clinton to the more recent
Obama Administration changes to the bill. Marriage is a bond that is shared
among the parties involved no matter what ones sexual preference is. Being
entitled to shared benefits from a spouse caused the shift in the structure of
the Defense of Marriage Act.
Supreme Court decision on the Defense of Marriage Act. Philadelphia Estate
Planning Lawyers. (n.d.). Retrieved November 29, 2021, from
https://www.regerlaw.com/supreme-court-decision-on-the-defense-of-
marriage-act.html.

This study source was downloaded by 100000844192026 from CourseHero.com on 04-04-2022 07:44:04 GMT -05:00

https://www.coursehero.com/file/123454179/The-Defense-of-Marriage-Actdocx/
Powered by TCPDF (www.tcpdf.org)