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This does not necessarily have to occur. The constitutions does not define individual rights outside of the Bill of Rights, and it does not address marriage at all; the Defense of Marriage Act does that (DOMA: Public Law 104-199, 110 Stat. 2419, signed into law by President Bill Clinton on September 21, 1996, 1 U.S.C. § 7 and 28 U.S.C. § 1738C is a United States federal law under which the federal government defines marriage as "a legal union between one man and one woman." Under the law, no U.S. state or other political entity can be required to recognize as a marriage a same-sex relationship considered a marriage in another state.). In fact, the constitution does not mention marriage within it, so for same-sex marriage to be legal, laws have to be passed state by state or DOMA must be repealed; it cannot be accomplished by federal amendments.

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12y ago
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12y ago

No. Amending the Constitution requires action by more than just the Congress. It means ratification by the individual states. No amendment banning same-sex marriage has been passed.

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Q: Has Congress passed an amendment to the US Constitution banning same-sex marriage?
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