Thursday, October 18, 2012

2d Circuit Holds DOMA Unconstituional

From the Huffington Post:

Saying the gay population has "suffered a history of discrimination," a divided federal appeals court in Manhattan ruled Thursday that a federal law defining marriage as a union between a man and a woman was unconstitutional, adding fuel to an issue expected to reach the U.S. Supreme Court soon.

The 2nd U.S. Circuit Court of Appeals seemed interested in adding its voice to several other rulings already at the high court's doorstep by issuing its 2-to-1 decision only three weeks after hearing arguments on a lower court judge's findings that the 1996 law was unconstitutional.

In a majority opinion written by Judge Dennis Jacobs, the 2nd Circuit, like a federal appeals court in Boston before it, found no reason the Defense of Marriage Act could be used to deny benefits to married gay couples. It supported a lower court ruling after a woman sued the government in 2010, saying the law required her to pay $363,053 in federal estate tax after her partner of 44 years died.

Read more here, and read the 2d Circuit COA opinion here.

MR

http://lawprofessors.typepad.com/family_law/2012/10/2d-circuit-holds-doma-is-unconstituional.html

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