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Defense of Marriage Act (DOMA)

Defense of Marriage Act (DOMA) Overview

Justice Kennedy covers the history and purpose of DOMA legislation passed by Congress and signed into law by President Clinton in 1996 in United States v. Windsor 570 U.S ___ (2013).

Congress sought to prevent what it perceived as pending recognition of same-sex marriages being considered by a few states, particularly Hawaii, from having any federal recognition. The Windsor case involved $363,053 estate taxes paid by Edith Windsor, which would not have been assessed but for her same-sex marriage recognized by the State of New York, but not recognized by the federal government (IRS) because of DOMA.  The Windsor case only decided Section 3 of DOMA.