Increasing recognition of same-sex marriage represents one of the most significant changes in family law in the last decade. Neither the transition from fault to no-fault divorce nor the widespread adoption of joint custody statutes rivals the rapidity of recognition of marriage equality in this country. The path to this point has been a complicated one and has revealed that the changes will ultimately have a significant impact on children.

Historically, the federal government deferred to the states with respect to the definition of marriage. This long tradition ended with the enactment of the Defense of Marriage Act by Congress in 1996. Section 3 of that act provided that the federal government would only recognize a marriage between a man and a woman.

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