The Defense of Marriage Act, or DOMA, is the commonly-used name of a federal law of the United States that is officially known as Pub. L. No. 104-199, 110 Stat. 2419 (Sept. 21, 1996) and codified at 1 U.S.C. § 7 and 28 U.S.C. § 1738C. The law has two effects.
1. No state (or other political subdivision within the United States) need recognize a marriage between persons of the same sex, even if the marriage was concluded or recognized in another state.
2. The Federal Government may not recognize same-sex or polygamous marriages for any purpose, even if concluded or recognized by one of the states.
The bill was passed by Congress by a vote of 85-14 in the Senate and a vote of 342-67 in the House of Representatives, and was signed by President Bill Clinton on September 21, 1996.
At the time of passage, it was expected that at least one state would soon legalize same-sex marriage, whether by legislation or judicial interpretation of either the state or federal constitution. Opponents of such recognition feared (and many proponents hoped) that the other states would then be required to recognize such marriages under the Full Faith and Credit Clause of the United States Constitution.
Including the results of the 2006 midterm elections, one state (Massachusetts) allows same-sex marriage, five states recognize some alternative form of same-sex union, twelve states ban any recognition of any form of same-sex unions including civil union, twenty-six states have adopted amendments to their state constitution prohibiting same sex marriage, and another twenty states have enacted statutory DOMAs.
Now, you may be wondering what all this means as far as restrictions... it means that no matter what, my significant other and my marriage will never have the same federal rights as heterosexual marriages.
What rights are those? Well for one, my significant other is from Mexico and she will never be able to apply for citizenship as my spouse... Immigration is federally controlled. We will never be able to file federal taxes as a married couple nor will she or I be able to have access to the other's social security later in life upon one of our deaths... those are a few restriction that apply to homosexual restrictions per the federal govt.
2007-12-02 13:23:48
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answer #1
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answered by BeachBum 7
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If you are referring to the regulations regarding Homosexuals into the military, then it is "Don't ask, Don't tell". In other words, no person can ask another person in the military if they are gay or not. The person who is gay must make it known by personnaly saying that they are gay, then the military will discharge them under honorable conditions as long as no other legal actions are pending.
As for civilians working for the U.S. Government, there are no restrictions or regulations that prevent a person from being an open homosexual (we have a few openly gay representatives in congress).
It is kind of a double standard thought up by the old people in the military. "I don't want no gay man in a foxhole with me" "Gay men are wussies and can't fight, and I want a real man that will fight with me". Little do they know that there have been homosexuals in the military since the days of the first organized military (way before the Romans). These men have faught and many have died with honor but had to lie about who they really were.
2007-12-02 09:49:07
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answer #2
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answered by Joel 3
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