(Federal) Appeals Court Strikes Down The Defense Of Marriage Act [View all]

[kpete]

Source: Business Insider

Appeals Court Strikes Down The Defense Of Marriage Act
Erin Fuchs | 7 minutes ago | 96 |


Abby Rogers/Business Insider

The U.S. Court of Appeals for the Second Circuit on Thursday struck down the Defense of Marriage Act, finding the Clinton-era law violates the right to equal protection guaranteed by the Constitution.

DOMA defines marriage as between a man and a woman and says states don't have to recognize same-sex marriage.

It has the practical effect of sometimes requiring gay couples to pay more federal taxes.
In striking the law down, the Second Circuit sided with a 83-year-old Edith Windsor who was forced to pay estate taxes after the death of her wife in 2009.

The U.S. Supreme Court is expected to take up DOMA–as well as California's Proposition 8, which barred same-sex marriage in the state–this term.




Read more: http://www.businessinsider.com/second-circuit-strikes-down-doma-2012-10

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Federal Appeals Court: DOMA Is Unconstitutional

“We conclude that Section 3 of the 5 Defense of Marriage Act violates equal protection and is 6 therefore unconstitutional.” The Second Circuit Court of Appeals, out of New York, is the second federal court to hold the 1996 federal definition of “marriage” unconstitutional, but Supreme Court appeals are pending.

http://www.buzzfeed.com/chrisgeidner/federal-appeals-court-doma-is-unconstitutional


BREAKING: Federal Appeals Court Strikes Down DOMA In Opinion By Republican-Appointed Judge

This is a Really. Big. Deal. Jacobs is not simply saying that DOMA imposes unique and unconstitutional burdens on gay couples, he is saying that any attempt by government to discriminate against gay people must have an “exceedingly persuasive” justification. This is the same very skeptical standard afforded to laws that discriminate against women. If Jacobs’ reasoning is adopted by the Supreme Court, it will be a sweeping victory for gay rights, likely causing state discrimination on the basis of sexual orientation to be virtually eliminated. And the fact that this decision came from such a conservative judge makes it all the more likely that DOMA will ultimately be struck down by the Supreme Court.

http://thinkprogress.org/justice/2012/10/18/1040901/breaking-federal-appeals-court-strikes-down-doma-in-opinion-by-republican-appointed-judge/