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U.S. Court of appeals rules DOMA unconstitutional

Posted By GABRIELLE LEVY, UPI.com   |   Oct. 18, 2012 at 12:10 PM   |   Comments

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Oct. 18 (UPI) -- The U.S. Court of Appeals for the Second Circuit has ruled the Defense of Marriage Act (or "DOMA") unconstitutional, in the case {IWindsor V. United States}.

Signed by President Clinton in 1996, the law prohibiting same-sex marriage has become a major point of contention between conservatives and liberals, especially since the Obama administration has refused to defend the law in its current court battles. The Second Circuit (New York) follows the First Circuit, which, in the case {IMassachusetts v. U.S. Department of Health and Human Services}, in ruling the law unconstitutional.

The salient part of the decision:

“[W]e conclude that Section 3 of the 5 Defense of Marriage Act violates equal protection and is 6 therefore unconstitutional.”

Windsor Second Circuit Opinion -- DOMA

Windsor Dissent -- DOMA

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