Reply To: Constitutionality of DOMA


DOMA had two parts. Only the first was declared unconstitutional (definition of marriage); the second was upheld (States behind allowed to reject marriages from other States). The second provision of the law was simply a restatement of federalism and important. I would assume that a person could claim married on a federal tax return but if their State does not recognize gay marriage then they could not claim that on a State return.