In yet another victory for the lesbian and gay community, the 1st U.S. Circuit Court of Appeals ruled that DOMA, the federal act that defines marriage as between one man and one woman, discriminates against gay couples and is therefore unconstitutional.
I’m thrilled by the ruling but not at all surprised, given that DOMA is blatantly discriminatory. I am pleased that the fight to prove that DOMA is unconstitutional has had such success. The Act never should have become law in the first place.
The Defense of Marriage Act (DOMA) was passed in 1996 in response to the hoopla that was in full swing in the State of Hawaii, which was contemplating the legalization of gay marriage (civil unions). The country panicked and out came the mighty pens, ready and willing to draft legislation that would discriminate against a specific segment of the citizenry. It has been a long uphill battle since the passage of that unfortunate legislation but in the aftermath, the legalization of same-sex marriage has made solid strides.
Read Appeals court: Denying federal benefits to same-sex couples is unconstitutional
Read the court’s decision in Gil v. OPM.
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copyright 2012 Irene C. Olszewski, Esq.
Connecticut Lesbian and Gay Law 