What the Defense of Marriage Act Does
The so-called Defense of Marriage Act, or DOMA, purports to give states the "right" to refuse to recognize same-sex marriages performed in other states. A number of authorities, including Laurence Tribe, a Harvard University law professor, have challenged the constitutionality of such a move. The full faith and credit clause of the U.S. Constitution requires states to recognize the "acts, records and proceedings" of all other states. For example, marriages performed today in Mississippi are considered valid in Wisconsin, Oregon, Arizona and every other state. Under this law, same-sex marriages that are legal in one state may or may not be legal in another state.
DOMA also creates a federal definition of "marriage" and "spouse" for the first time in our country's history. This is an unprecedented intrusion by the U.S. Congress into an area traditionally left to the states. Marriage is defined as a "legal union between one man and one woman as husband and wife," and spouse is defined as "a person of the opposite sex who is a husband or a wife." Marriages that do not fit this description would not be eligible for any benefits offered by the federal government. Under DOMA, even if a state were to recognize same-sex marriages, the federal government would not. The people involved would be unable to receive a number of benefits, including those related to Social Security, survivorship and inheritance.