Defense Of Marriage Act Ruled Unconstitutional
In what could be a landmark ruling, the 1st U.S. Circuit Court of Appeals in Boston ruled today that key pieces of the Defense of Marriage Act violate the constitution. In a unanimous decision, the three judges of the appeals court ruled that the 1996 law defining marriage as a union between a man and a woman deprives same-sex couples of the rights and privileges granted to heterosexual couples.
We’re working for marriage equality at the upcoming 220th General Assembly of the Presbyterian Church (USA), June 30 to July 7, Pittsburgh, PA. We believe that these kinds of landmark rulings should inform and inspire the PCUSA to support marriage equality in both the Church and the state.
If you’ve not had an opportunity to sign the I Do! petition, we invite you to join us and stand up for marriage equality at the 220th General Assembly.
Here’s a sample of the decision from Gill v. Office of Personnel Management (pdf):
Many Americans believe that marriage is the union of a man and a woman, and most Americans live in states where that is the law today.
One virtue of federalism is that it permits this diversity of governance based on local choice, but this applies as well to the states that have chosen to legalize same-sex marriage.
Under current Supreme Court authority, Congress’ denial of federal benefits to same-sex couples lawfully married in Massachusetts has not been adequately supported by any permissible federal interest.
A federal appeals court Thursday declared that the Defense of Marriage Act unconstitutionally denies federal benefits to married same-sex couples, a groundbreaking ruling all but certain to wind up before the U.S. Supreme Court.
In its unanimous decision, the three-judge panel of the 1st U.S. Circuit Court of Appeals in Boston said the 1996 law that defines marriage as a union between a man and a woman deprives same-sex couples of the rights and privileges granted to heterosexual couples.
The court didn’t rule on the law’s more politically combustible provision, which said states without same-sex marriage cannot be forced to recognize same-sex unions performed in states where it’s legal. It also wasn’t asked to address whether same-sex couples have a constitutional right to marry.
CBS News senior legal analyst Andrew Cohen said the Supreme Court could take up the case as early as its next term, which usually begins in October.
“This is a big deal,” said Cohen. “It’s the first federal appeals court to strike down the federal law, and it did so unanimously with two Republican appointees ruling that the statute unconstitutionally violates the equal protection rights of same-sex couples.”
See Also:
Federal Appeals Court Rules DOMA Unconstitutional, The Advocate
Court: Heart of gay marriage law unconstitutional, The Boston Globe
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