Defense of Marriage Act: New York Federal Court Strikes Down DOMA as Unconstitutional, Will U.S. Supreme Court be Next?

The New York Federal Court of Appeals ruled the Defense of Marriage Act, which denies certain entitlements to same-sex couples as unconstitutional.

The decision comes from the case of 83-year-old lesbian Edith Windsor who sued the state for denying her spousal tax deduction and charging her $363,000 in estate taxes.

According to the ruling, Judge Dennis Jacobs says, "Homosexuals are not in a position to adequately protect themselves from the discriminatory wishes of the majoritarian public," as reported by CNN.

The decision is landmark not only because NY is the second state to strike down the act as unconstitutional, but also because the decision was backed by conservative NY judge Jacobs.  

The Supreme Court is expected to take on the case as well.

Over the summer a federal court in Massachusetts ruled that the 1996 Defense of Marriage Act (DOMA) unlawfully denies a married homosexual couple the federal rights and privileges granted to a heterosexual one. The decision was unanimous on the three-judge panel 1st circuit court of appeals.

Judge Michael Boudin, who wrote the decision stated, "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," as reported by boston.com

However, the court's ruling will only be enforced after the U.S. Supreme Court makes its decision on the law. This means that same-sex married couples will have to wait for the Supreme Court's decision before they know whether they are entitled to the same financial benefits as a heterosexual couple.

On the other hand, the ruling raises the issue of same-sex marriage to the national podium, promoting it from a State issue to a federal one.

DOMA was created as a result of the state of Hawaii recognizing same-sex marriages in 1996 under the Clinton administration. According to the law, only a marriage between a man and a woman entitles the couple to federal financial entitlements such as social security benefits and filing for joint-federal taxes among others.

Massachusetts was the first State to legalize same-sex marriage in May 2004. Since then seven others have done the same.

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