While Tuesday’s case, about California’s ban on same-sex marriage, has the potential to establish a constitutional right for gay and lesbian couples to marry, Wednesday’s case is comparatively modest: it asks whether married same-sex couples are entitled to federal benefits…..Share on Facebook
Tag Archives: DOMA/Defense of Marriage Act
The Court accepted a challenge to the Defense of Marriage Act, the 1996 law that prohibits federal recognition of same sex marriage. Two appeals courts have ruled that Section 3, which effectively bans same sex couples legally married in their states from receiving federal benefits, is invalid under the Constitution’s equal protection clause.Share on Facebook
The United States Court of Appeals for the Second Circuit is the second federal appeals court to reject a central portion of the federal law, the Defense of Marriage Act, following the United States Court of Appeals for the First Circuit, in Boston, which handed down its ruling in May.
But this decision on Thursday is the first time that an appeals court has subjected the law to a relatively tough test for constitutionality that, in effect, elevates issues of sexual orientation to the constitutional level of cases involving sexual discrimination.Share on Facebook
The court, the first federal appeals panel to deem the benefits section of the law unconstitutional, agreed with a lower court judge who ruled in 2010 that the law interferes with the right of a state to define marriage and denies married gay couples federal benefits given to heterosexual married couples, including the ability to file joint tax returns.Share on Facebook