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kpete

(71,996 posts)
Thu Oct 18, 2012, 11:51 AM Oct 2012

(Federal) Appeals Court Strikes Down The Defense Of Marriage Act

Source: Business Insider

Appeals Court Strikes Down The Defense Of Marriage Act
Erin Fuchs | 7 minutes ago | 96 |


Abby Rogers/Business Insider

The U.S. Court of Appeals for the Second Circuit on Thursday struck down the Defense of Marriage Act, finding the Clinton-era law violates the right to equal protection guaranteed by the Constitution.

DOMA defines marriage as between a man and a woman and says states don't have to recognize same-sex marriage.

It has the practical effect of sometimes requiring gay couples to pay more federal taxes.
In striking the law down, the Second Circuit sided with a 83-year-old Edith Windsor who was forced to pay estate taxes after the death of her wife in 2009.

The U.S. Supreme Court is expected to take up DOMA–as well as California's Proposition 8, which barred same-sex marriage in the state–this term.




Read more: http://www.businessinsider.com/second-circuit-strikes-down-doma-2012-10



Federal Appeals Court: DOMA Is Unconstitutional

“We conclude that Section 3 of the 5 Defense of Marriage Act violates equal protection and is 6 therefore unconstitutional.” The Second Circuit Court of Appeals, out of New York, is the second federal court to hold the 1996 federal definition of “marriage” unconstitutional, but Supreme Court appeals are pending.


http://www.buzzfeed.com/chrisgeidner/federal-appeals-court-doma-is-unconstitutional


BREAKING: Federal Appeals Court Strikes Down DOMA In Opinion By Republican-Appointed Judge

This is a Really. Big. Deal. Jacobs is not simply saying that DOMA imposes unique and unconstitutional burdens on gay couples, he is saying that any attempt by government to discriminate against gay people must have an “exceedingly persuasive” justification. This is the same very skeptical standard afforded to laws that discriminate against women. If Jacobs’ reasoning is adopted by the Supreme Court, it will be a sweeping victory for gay rights, likely causing state discrimination on the basis of sexual orientation to be virtually eliminated. And the fact that this decision came from such a conservative judge makes it all the more likely that DOMA will ultimately be struck down by the Supreme Court.


http://thinkprogress.org/justice/2012/10/18/1040901/breaking-federal-appeals-court-strikes-down-doma-in-opinion-by-republican-appointed-judge/
22 replies = new reply since forum marked as read
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(Federal) Appeals Court Strikes Down The Defense Of Marriage Act (Original Post) kpete Oct 2012 OP
Halleluja! Raster Oct 2012 #1
Hell yeah! n/t Ian David Oct 2012 #2
equal protection , geez what a concept.... irisblue Oct 2012 #3
This is Open And Shut Constitutional Law, Ma'am The Magistrate Oct 2012 #4
Wow...good news. SoapBox Oct 2012 #5
Absoutely wonderful news. XtopherXtopher Oct 2012 #6
I doubt anything will happen immediately Major Nikon Oct 2012 #12
It's coming. Iggo Oct 2012 #7
Yes! Mad_Dem_X Oct 2012 #8
CUE THE VONAGE THEME! rocktivity Oct 2012 #9
Oh no! Fire, brimstone, the end of the world... Deep13 Oct 2012 #10
Donno, but it smells like rotten eggs Major Nikon Oct 2012 #13
Have you read their decision? blur256 Oct 2012 #11
In other words... Major Nikon Oct 2012 #15
That's how I read it... blur256 Oct 2012 #16
Congratulations to all those who'll obtain more rights. It's been years of hard work to accomplish. Auntie Bush Oct 2012 #14
K&R (nt) muriel_volestrangler Oct 2012 #17
Only Section 3 regarding federal government treatment of married same gender couples. ieoeja Oct 2012 #18
Kick! n/t Tx4obama Oct 2012 #19
K&R idwiyo Oct 2012 #20
Great news!! FedUpWithIt All Oct 2012 #21
k/r Solly Mack Oct 2012 #22

irisblue

(32,980 posts)
3. equal protection , geez what a concept....
Thu Oct 18, 2012, 11:57 AM
Oct 2012

gotta be making big tony of scotus' hemorrhoids act up past bearing...
this is great

The Magistrate

(95,247 posts)
4. This is Open And Shut Constitutional Law, Ma'am
Thu Oct 18, 2012, 11:57 AM
Oct 2012

Deliberations really ought not to have taken more than five minutes....

XtopherXtopher

(70 posts)
6. Absoutely wonderful news.
Thu Oct 18, 2012, 12:15 PM
Oct 2012

What does this ultimately mean at the state level? Does it prevent states from passing defense-of-marriage laws? Or is this a decision to be used in later cases as a way to fight the laws that are already there?

Major Nikon

(36,827 posts)
12. I doubt anything will happen immediately
Thu Oct 18, 2012, 12:36 PM
Oct 2012

The ruling will be instantly appealed and I'm guessing a stay will be issued to prevent the ruling from taking effect until the SCOTUS arbitrates the final decision.

blur256

(979 posts)
11. Have you read their decision?
Thu Oct 18, 2012, 12:33 PM
Oct 2012

If not, you can read it here.

http://www.ca2.uscourts.gov/decisions/isysquery/0b489be3-6392-40ec-a536-81f487e2c5b3/1/doc/12-2335_complete_opn.pdf#xml=http://www.ca2.uscourts.gov/decisions/isysquery/0b489be3-6392-40ec-a536-81f487e2c5b3/1/hilite/


I love this part here...

<snip>

...Our straightforward legal analysis sidesteps the fair
11 point that same-sex marriage is unknown to history and
12 tradition. But law (federal or state) is not concerned with
13 holy matrimony. Government deals with marriage as a civil
14 status--however fundamental--and New York has elected to
15 extend that status to same-sex couples. A state may enforce
16 and dissolve a couple’s marriage, but it cannot sanctify or
17 bless it. For that, the pair must go next door...

Woohoo!!!!

Major Nikon

(36,827 posts)
15. In other words...
Thu Oct 18, 2012, 12:47 PM
Oct 2012

The government considers marriage a legally enforceable contract. If you want religious connotations attached to this contract, see your local religious institution, not your government.

 

ieoeja

(9,748 posts)
18. Only Section 3 regarding federal government treatment of married same gender couples.
Thu Oct 18, 2012, 04:37 PM
Oct 2012

7 different federal cases have made that ruling. This is the 5th to make it to the US Supreme Court.

Section 2 still stands allowing states to give no Effect to a same gender marriage performed in other states. This part can only be repealed by Congress.


idwiyo

(5,113 posts)
20. K&R
Fri Oct 19, 2012, 04:38 AM
Oct 2012

I can only hope that one day soon everyone stops using"gay rights" and just use Human Rights. Because that's what we are talking about here - simple basic Human Rights and explicit denial of those rights to a group of people.

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