Same-Sex Marriages: Legal Issues

The recognition of same-sex marriages generates debate on both the federal and state levels.\ud Variations in state law on the issue raise questions about the validity of such unions outside the contracted jurisdiction and have bearing on the distribution of federal benefits. This report discusses the Defense of Marriage Act (DOMA) and it's legal challenges. It reviews legal principles applied to determine the validity of a marriage contracted in another state and surveys the various approaches employed by states to enable or to prevent same-sex marriage. The report also 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 DOMA