2nd Circuit strikes down Defense of Marriage Act

The decision follows similar 1st Circuit ruling in May

Another step in the direction toward legalizing gay marriage in the U.S. came yesterday when the 2nd Circuit struck down Section 3 of the Defense of Marriage Act (DOMA). That section of DOMA defines marriage as the union of a man and a woman, which, if passed, would make it illegal for same-sex couples to wed and receive federal benefits.

“Because DOMA is an unprecedented breach of longstanding deference to federalism that singles out same-sex marriage as the only inconsistency (among many) in state law that requires a federal rule to achieve uniformity, the rationale premised on uniformity is not an exceedingly persuasive justification for DOMA,” U.S. Circuit Judge Dennis Jacobs wrote.


Cathleen Flahardy

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