WHAT SHOULD I BE DOING INSTEAD OF THIS?
 
May 31st, 2012 By Hannah McCartney | News | Posted In: Equality, LGBT Issues

DOMA Ruled Unconstitutional in First Circuit

Lawyer calls 1996 law "across-the-board disrespect"

imageEric Risberg/AP
The 1st U.S. Circuit Court of Appeals in Boston ruled today that the 16-year Defense of Marriage Act (DOMA) is unconstitutional for banning federal benefits for married same-sex couples.

The Court's three judges ruled unanimously that DOMA is discriminatory because it denies equal rights to same-sex married couples. The ruling applies only to the regions included in the circuit: Massachusetts, Rhode Island, Maine, New Hampshire and Puerto Rico.

Despite the unanimous decision, no changes will take effect until the U.S. Supreme Court rules on the case, which is expected to be appealed. The ruling still marks a significant victory for the gay rights community, as it signifies a unified federal effort to institute provisions that support marriage equality across genders and sexualities.

The decision also comes just days after the Ohio Supreme Court dismissed a lawsuit filed by The Ohio Campaign to Protect Marriage, which challenged Attorney General Mike DeWine's approval of the legality of the language in a proposed state ballot which, if passed, would legalize same-sex marriage in the state of Ohio.

DOMA, passed in 1996, doesn't specifically invalidate same-sex marriages in states that rule to legalize them, but it trivializes the meaning of marriage for such couples by specifically prohibiting married gay couples from possessing same benefits as married homosexual couples, including the ability to:

  • File taxes jointly

  • Take unpaid leave to care for a sick or injured spouse

  • Receive spousal, mother’s and father’s, or surviving spouse benefits under Social Security

  • Receive equal family health and pension benefits as federal civilian employees

The Court did not rule on the second provision of DOMA, which verbalizes that states that don't approve of same-sex marriage can't be forced to recognize gay unions performed in states where it's legal, nor did the court decide whether or the act of gay marriage is actually constitutional.

Since its passage, several states have taken their own stances on gay marriage, while eight states — beginning with Massachusetts in 2004 — have legalized same-sex marriage. In Feb. 2011, the Obama administration announced it would no longer defend DOMA's constitutionality after several large-scale challenges to the act — a decision quickly combated by Ohio House Speaker John Boehner with the formation of the Bipartisan Legal Advisory Group, an assemblage of standing House representatives, to defend DOMA.

In arguments before the Circuit Court in April, Mary Bonauto, a lawyer for Gay & Lesbian Advocates & Defenders (GLAD), called DOMA a result of Congress' "moral disapproval."

"It is simply that, frankly, Congress just didn't want to deal with same-sex couples ... this is across-the-board disrespect," she stated in the hearings.

Earlier this month, President Barack Obama became the first sitting U.S. president to openly approve same-sex marriage.

Ohio belongs in the 6th U.S. Circuit Court of Appeals, which also encompasses Kentucky, Michigan and Tennessee.


 
comments powered by Disqus
 
Close
Close
Close