New York (CNN) - A federal appeals court in New York became the nation's second to strike down the Defense of Marriage Act, finding that the Clinton-era law's denial of federal benefits to married same-sex couples is unconstitutional.
The divisive act, which was passed in 1996, bars federal recognition of such marriages and says other states cannot be forced to recognize them.
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The 2nd U.S. Circuit Court of Appeals determined Thursday that the federal law violates the Constitution's equal protection clause, ruling in favor of a widow named Edith Windsor, an 83-year-old lesbian who sued the federal government for charging her more than $363,000
The case centered on the money Windsor wanted back, but raised the more looming question of whether the federal government can continue to ignore a state's recognition of her marriage and financially penalize her as a result.
"Homosexuals are not in a position to adequately protect themselves from the discriminatory wishes of the majoritarian public," wrote Dennis Jacobs, a conservative judge in New York.
A federal appeals court in Boston made a similar ruling in May, but the moves are considered largely symbolic as the issue is expected to eventually be taken up by the U.S. Supreme Court.
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Oh please! 3.4 % of the population? They don't deserve anything.
i see. rights are based on percentage of population. you realize how ridiculous that sounds?
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