“Oklahoma Constitutional Amendment”). All challenges arise exclusively under the U.S.Constitution.
DOMA, which became law in 1996, contains two substantive sections. Section 2 of DOMA,entitled “Powers Reserved to the States,” provides: No State, territory, or possession of the United States, or Indian tribe, shall berequired to give effect to any public act, record, or judicial proceeding of any other State, territory, possession, or tribe respecting a relationship between persons of thesame sex that is treated as a marriage under the laws of such other State, territory, possession, or tribe, or a right or claim arising from such relationship.Defense of Marriage Act § 2, 28 U.S.C. § 1738C. Section 3 of DOMA, entitled “Definition of Marriage,” provides:In determining the meaning of any Act of Congress, or of any ruling, regulation, or interpretation of the various administrative bureaus and agencies of the United States, the word “marriage” means only a legal union between one man and onewoman as husband and wife, and the word “spouse” refers only to a person of theopposite sex who is a husband or a wife.
§ 3, 1 U.S.C. § 7. This federal definition, which was declared unconstitutional during the pendency of this lawsuit, informed the meaning of numerous federal statutes using the word “marriage” or “spouse” and functioned to deprive same-sex married couples of federal benefits.
SeeUnited States v. Windsor
, 133 S. Ct. 2675, 2683 (2013) (striking down DOMA’s definition of marriage, which controlled “over 1,000 federal laws in which marital or spousal status is addressed as a matter of federal law,” as a violation of the Fifth Amendment to the U.S. Constitution).2
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