May 31, 2012
The U.S. Court of Appeals for the First Circuit ruled that Section 3 of the federal Defense of Marriage Act (DOMA) is unconstitutional. Section 3 of DOMA defines marriage as one man and one woman for purposes of federal law and federal benefits, specifically joint federal tax returns, Social Security survivor benefits, and federal employee health insurance and medical benefits. Not at issue in this ruling are the other parts of DOMA, including the section that says states may define their own marriage policy and are not required to accept a sister state’s same-sex marriage.
The case arose out of Massachusetts, which now recognizes same-sex marriage. Couples who obtained same-sex marriages filed a law suit seeking federal benefits. What does not make sense in this case is that this ruling essentially allows a state to tell the federal government what kind of benefits it should give, even when the state has a minority law not followed by the other states.
Read our News Release for more details.
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