Revised: Democratic U.S. Presidential candidates Barack Obama and Hillary Rodham Clinton agree that states should not be forced to recognize out-of-state same-sex marriages, but they disagree over section 2 of the federal Defense of Marriage Act.

Section 2 of the Defense of Marriage Act (DOMA) purports to authorize states to disregard out-of-state same-sex marriages notwithstanding any contrary requirement of the Full Faith and Credit Clause of the U.S. Constitution.

According to a summary of political positions compiled by the South Florida Sun-Sentinel, “Clinton and Obama would let states decide whether to recognize same-sex marriage.”

The positions of the two candidates, however, are not identical. Clinton supports section two of DOMA. She has called it necessary at least for now in order to forestall attempts to add a marriage amendment to the Federal Constitution. (See previous blog entry.)

While Obama has said he would “oppose any effort to stifle a state’s ability to decide this question on its own,” (see previous blog entry), he nevertheless has endorsed a complete repeal of DOMA.

Obama views DOMA as unnecessary on the theory that states already have adequate discretion to refuse recognition. He has explained that DOMA is irrelevant because the Full Faith and Credit Clause does not require one state to recognize another state’s same-sex marriages. That theory has considerable scholarly support. It is explained in more detail here.

In my view, Obama’s position comes closer to a straightforward legal analysis of the issue, while Clinton’s position rests more on a political assessment, an assessment that I have previously called “questionnable.”

Thanks to a commenter on another blog for tracking down the ABC News story that clarifies Obama’s position. It has more nuance than today’s Sun-Sentinel story suggested.

Disclosure: As of this writing, my partner has made significant contributions to the campaigns of both Obama and Clinton, more to the former than to the latter. I have made nominal contributions to both campaigns.