Independent educational reading about belief, conscience and coexistence
Religious Tolerance
Law, rights & public life

Marriage law, DOMA and the changing meaning of recognition.

This archived guide explains how federal and state Defense of Marriage Acts shaped the U.S. debate over same-sex marriage, and how constitutional challenges changed the legal landscape.

Two wedding rings resting together beside flowers
Historical archive · reviewed 18 September 2026

Overview

For much of U.S. history, states and the District of Columbia set the basic rules for who could marry. Federal programs generally relied on those state determinations when extending benefits, duties and protections to married couples.

The federal Defense of Marriage Act, enacted in 1996, changed that relationship. Its Section 3 directed the federal government not to recognize a same-sex marriage, even when the marriage was valid under the law of a state or the District of Columbia. States also adopted laws or constitutional amendments restricting recognition of same-sex marriages.

Archive note: This page preserves the structure of an older legal discussion. The court decisions and political predictions described below belong to the historical record and should not be read as a current statement of U.S. law.

Federal recognition and constitutional challenges

Challenges to Section 3 argued that refusing federal recognition to legally married same-sex couples violated constitutional guarantees. Federal courts reached decisions addressing equal protection, federalism and the relationship between state marriage law and federal benefits.

In 2013, the U.S. Supreme Court decided United States v. Windsor. The Court invalidated Section 3 of DOMA. The decision allowed the federal government to recognize marriages that were valid under applicable state law, subject to the legal rules in force at the time.

Later litigation addressed whether states could refuse to license or recognize same-sex marriages. In 2015, the Supreme Court held in Obergefell v. Hodges that the Fourteenth Amendment requires states to license and recognize marriages between two people of the same sex.

State laws and constitutional amendments

Before nationwide marriage equality, state approaches varied substantially. Some jurisdictions licensed same-sex marriages, some recognized marriages performed elsewhere, and others enacted statutory bans or constitutional amendments. These measures became the subject of state and federal lawsuits, appeals and stays.

The legal debate involved more than terminology. Recognition affected taxation, inheritance, health-care decisions, parental status, immigration, employment benefits and other areas in which marital status carried legal consequences.

Topics in this section

Reading the archive today

Older pages often use language and legal assumptions that reflect the period in which they were written. For current questions about marriage, family status or legal rights, readers should consult an up-to-date, qualified legal source. This educational page is intended to explain historical context rather than provide legal advice.

Reader guide

Questions about this archive

What did DOMA do?

Section 3 limited federal recognition of same-sex marriages, while Section 2 addressed the ability of states to decline recognition of marriages from other jurisdictions.

Is DOMA still controlling federal law?

No. Section 3 was invalidated by the Supreme Court in 2013, and later Supreme Court decisions established nationwide constitutional protection for same-sex marriage.

Why does the page discuss state amendments?

State statutes and constitutional amendments were central to the legal conflict before nationwide marriage equality and help explain the cases summarized in the archive.

Does this page provide legal advice?

No. It is an educational historical summary. Individuals with a current legal question should consult a qualified legal professional.