Thursday, October 18, 2012

DOMA Unconstitutional

Via press release from the ACLU:

A federal appeals court ruled today that the so-called “Defense of Marriage Act” (DOMA) unconstitutionally discriminates against married same-sex couples. In striking down DOMA, the court held that government discrimination against lesbians and gay men now is assumed to be unconstitutional and that DOMA’s defenders could not offer any good reason for treating married same-sex couples differently from all other married couples. This is the first federal appeals court decision to decide that government discrimination against gay people gets a more exacting level of judicial review, known as “heightened scrutiny.”
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.
Key passage from the ruling: "In this case, all four factors justify heightened scrutiny: A) homosexuals as a group have historically endured persecution and discrimination; B) homosexuality has no relation to aptitude or ability to contribute to society; C) homosexuals are a discernible group with non-obvious distinguishing characteristics, especially in the subset of those who enter same-sex marriages; and D) the class remains a politically weakened minority."
Yet another domino falls! View the ruling here or below.
Windsor 2d Cir Opinion PDF Windsor 2d Cir Opinion PDF


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