How
Clinton --known for his relatively permissive and supportive attitude towards
homosexuals-- let this law pass is a
mystery.
As Saige said, The Defense of Marriage Act declares that a
state is not forced to recognize a
same-sex marriage -- even if it is recognized by another state.
In
Vermont, a gay couple can establish a "
civil union," which, legally-speaking, is
essentially identical to a marriage.
Hawaii recognizes same-sex marriages. However, thanks to the DoMA, other states are not obligated to acknowledge these unions.
The problem, however, is that the law is obviously
unconstitutional. Saying that the act infringes on
First Amendment rights is a bit of a
stretch, but it is undeniably in violation of
Article IV of the
Constitution, which pertains to
interstate relations.
Section 1 of the Article IV --the
Full Faith and Credit Clause-- states that "Full Faith and Credit shall be given in each State to the
public Acts,
Records, and
judicial Proceedings of every other State...."
Obviously, full faith and credit is not being given to gay marriages. It is only a matter of time before the DoMA is
litigated out of existence.