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Guest DOMA Conserns

DOMA Repeal

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Guest DOMA Conserns

Ladies and gentlemen, I have searched the forums and have not found a post about DOMA's repeal in 2013.

I live in CA, I know we are in the clear.  What does this mean for the rest of you in states that aren't recognizing DOMA?

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DOMA had no impact on cousin marriage at all. The law specifically related to same sex marriage and its provisions outlined the federal government's prohibition on federal agencies acknowledging same sex marriages formed in states where such marriages were legal.  The US Supreme Court invalidated certain clauses of that law as unconstitutional.

The biggest issue is that the federal government doesn't get to play in marriage laws, one way or another.  If a state considers a marriage between two (or more) people within its borders to be legal, the US government has no authority to invalidate such a marriage or to discriminate against such marriage on any basis (cousin, same-sex, or even, it would seem, polygamous).  It also has no authority to force another state to recognize such a marriage; only the Supreme Court can do that and only when such a marriage law is challenged in the courts, as was done with Loving v. Virginia and Skinner v. Oklahoma.

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