Enshrined in the U.S. Constitution and an integral element of democratic self-governance generally is the fundamental right of all people to be treated equally by their government—to receive “equality under the law” in both procedure and substance. Yet at least one important federal law, with cascading effects on many others, denies that equal protection on the basis of sexual orientation: The Defense of Marriage Act, signed into law by President Clinton in 1996, contains a provision, Section 3, that defines “marriage” in all federal statutes as a legal union between one man and one woman.
This definitional detail affects more than 1000 federal provisions, from tax returns and veterans’ benefits, to Social Security and health care, to housing and immigration. That is, federal law views lawfully married same-sex couples (who were married in one of the states or countries that recognizes these unions) differently from lawfully married opposite-sex couples.
Aside from treating individuals adversely on the basis of their sexual orientation, Section 3 also imposes discriminatory costs on all sorts of private employers and contractors, due to the complex operation of federal employee benefits law—to give just one example of DOMA’s reach.
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