Wills, Trusts & Estates Prof Blog

Editor: Gerry W. Beyer
Texas Tech Univ. School of Law

Friday, October 19, 2012

Second Circuit Rules on Windsor Case

Gay MarriageAs I have previously discussed, the Second Circuit Court of Appeals in New York agreed to hear Edith Windsor's claim that the Defense of Marriage Act (DOMA) was unconstitutional on equal protection grounds. Now, the court has rendered its ruling and held that DOMA does violate the equal protection clause of 14th Amendment of the United States Constitution. In its ruling, the court noted that homosexuals should be entitled to heightened level of scrutiny based upon on a history of discrimination that homosexuals have suffered in this county, and because they are not in a strong enough political position to protect their interests from potential discrimination at the hands of the majoritian public. The court also highlighted the fact that DOMA is "'an unprecedented breach of longstanding deference to federalism.'" Provided here is a copy of the court opinion in Windsor v. United States.

See Terry Baynes, Appeals Court Rules Against Defense of Marriage Act, Reuters, Oct.18, 2012; Patricia Hurtado and Bob Van Voris, Marriage Law Violates Same-Sex Couple Rights, Court Says, Bloomberg, Oct. 18, 2012.

Special thanks to Brian Cohan (Attorney at Law, Law Offices of Brian J. Cohan, P.C.) for bringing this article to my attention.


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