New York appeals court strikes down Defense of Marriage Act
A federal appeals court in New York on Thursday was the nation's second to deem the Defense of Marriage Act unconstitutional.
October 18th, 2012
03:33 PM ET

New York appeals court strikes down Defense of Marriage Act

By David Ariosto, CNN

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.

Read the ruling (PDF)

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.

Read the full story

soundoff (2 Responses)
  1. Bill lee

    Oh please! 3.4 % of the population? They don't deserve anything.

    October 19, 2012 at 11:17 pm | Report abuse |
    • max3333444555

      i see. rights are based on percentage of population. you realize how ridiculous that sounds?

      October 24, 2012 at 1:16 pm | Report abuse |