Thu. October 18, 2012
New York, NY -
A federal appeals court in New York on Thursday ruled that the Defense of Marriage Act (DOMA) is unconstitutional.
The Second Circuit Court of Appeals is the second federal court to hold the law unconstitutional.
DOMA, which was signed by President Bill Clinton in 1996, defines marriage as between a man and a woman and says states don't have to recognize same-sex marriage.
The law had been challenged by Edith "Edie" Windsor, who sued the federal government for failing to recognize her marriage to her partner Thea Spyer, after Spyer's death in 2009. Windsor and Spyer, who were a couple for 44 years, were married in Canada in 2007, and were considered married by their home state of New York.
"This law violated the fundamental American principle of fairness that we all cherish," said Windsor. "I know Thea would have been so proud to see how far we have come in our fight to be treated with dignity."
In her lawsuit, Windsor argued that DOMA violates the equal protection guarantee of the U.S. Constitution because it requires the government to treat same-sex couples who are legally married as strangers. Windsor's lawsuit was filed by the law firm of Paul, Weiss, Rifkind, Wharton & Garrison LLP, the American Civil Liberties Union and the New York Civil Liberties Union.
The court Thursday found the law violates the right to equal protection guaranteed by the U.S. Constitution.
The Obama administration has refused to defend the law in its current court battles. The decision will face appeal at the Supreme Court.
For a copy of the decision visit: www.aclu.org/lgbt-rights/windsor-v-united-states-united-states-court-appeals-2nd-circuit-decision
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