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As I discussed in Part One of this two-part series of columns for Justia’s Verdict, the new bill would reverse DOMA to the extent that DOMA defines marriage, for federal law purposes, as a union between one man and one woman. This provision of DOMA, Section Three (codified as 1 U.S.C. § 7 ), has imposed unfair disadvantages on legally married gay couples, and has created a bureaucratic nightmare.

In this Part of the series, I will discuss the complications created by Section Three, court challenges to its validity, and the changing national landscape that has made Section Three increasingly troubling. Regardless of whether this current repeal effort succeeds, there is no question that Section Three has survived too long.



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