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No and Yes. States are allowed to enact marriage equality legislation. However, the 1996 federal Defense of Marriage Act ("DOMA") prohibits federal recognition of same-sex marriages and permits states to prohibit recognition of such marriages performed in other states.

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13y ago
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12y ago

In many places, yes. Many states and countries have banned same-sex marriage by law. Others have done so by amending their constitutions. In the US, the federal government has prohibited itself from recognizing such marriages by passing th 1996 Defense of Marriage Act (DOMA).

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10y ago

The answer depends upon what country you are referring to.

If you mean in the United States, then the answer is this: deciding who can and cannot marry is a function of state government, not federal government. The only role the federal government plays in same-sex marriage is deciding whether to recognize it or not. As of June 2013, the US federal government does recognize same-sex marriage. In that sense, same-sex marriage is as federal as it can be right now.

In Canada, the federal courts now mandate that all provinces must perform and recognize these marriages.

In Mexico, the federal government mandates that all states must recognize, but not necessarily perform, these marriages, although if you sue for the right to get married in your state, the federal court will grant it.

In Australia, the federal courts recently decided that the federal ban on same-sex marriage cannot be circumvented by individual states and territories enacting their own same-sex marriage laws.

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13y ago

No. One of the best recent developments in US Law is the realization that the government shouldn't intrude behind closed doors in private homes and in private matters. Marriage is a private matter between the parties and the government has no business telling us who we can and cannot marry. One of the most dangerous steps a government can take is to legislate upon the moral disapproval of one group and to apply that legislation to only a few citizens who happen belong to another group.

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12y ago

The 1996 Defense of Marriage Act prohibits the federal government from recognizing same-sex marriages. It also says that no state can be required to recognize a same-sex marriage from another state.

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12y ago

There is one federal law concerning same-sex marriage - - the Defense of Marriage Act (DOMA) which took effect September 21, 1996. It prohibits federal recognition of same-sex marriages and permits states to prohibit recognition of such marriages performed in other states or foreign countries.

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12y ago

Some US states have passed statutes actually banning the performance of same-sex marriage in addition to its recognition and those laws are sometimes called "Mini-DOMAs." However, that ban is also sometimes effected by amendment to state constitutions.

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Q: Is there a federal law banning same-sex marriage?
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