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DOMA Ruled Unconstitutional Yet Again

By Charlotte Robinson, May 31, 2012
The 1st U.S. Circuit Court of Appeals in Boston unanimously ruled today that Section 3 of the Defense of Marriage Act (DOMA) is unconstitutional. "The so-called 'Defense of Marriage Act' was unconstitutional the day it was written & we are gratified that today's ruling confirms that fact," said John Lewis, Marriage Equality USA Legal Director, "We are hopeful that soon all loving, committed same-gender couples, who are legally married in their home states, will no longer be excluded from the over 1,000 rights & responsibilities that all other married couples have under federal law. The First Circuit Court of Appeals looked closely for any interest that could possibly justify this exclusion, and it found none. DOMA cannot stand." The First Circuit is the first federal appeals court to rule on DOMA. Two federal district court decisions have also found DOMA to be unconstitutional. No federal court has upheld DOMA. DOMA's supporters may ask the First Circuit Court of Appeals to review the decision en banc, although observers speculate that such a request is unlikely given that the court has only 5 active judges. They could also ask the United States Supreme Court to hear the case. The Supreme Court has discretion whether or not to do so. So this is a great day for marriage equality. Updates to Come...:)

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