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Summary:
Currently, federal law does not recognize same-sex marriages. This report discusses the Defense of Marriage Act (DOMA), P.L. 104-199, which prohibits federal recognition of same-sex marriages and allows individual states to refuse to recognize such marriages performed in other states, and discusses the potential legal challenges to DOMA. Moreover, this report summarizes the legal principles applied in determining the validity of a marriage contracted in another state, surveys the various approaches employed by states to prevent same-sex marriage, and examines House and Senate resolutions introduced in previous Congresses proposing a constitutional amendment and limiting federal courts' jurisdiction to hear or determine any question pertaining to the interpretation of the DOMA.
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