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U.S. Court of appeals rules DOMA unconstitutional

The Defense of Marriage Act was signed into law by President Clinton in 1996 and is now winding through courts undefended by the Obama administration. The decision will face appeal at the Supreme Court.
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Supporters of gay marriage hold up a photo and copy of their marriage certificate at rally outside the Ninth Circuit Court of Appeals as judges rule that California's Proposition 8, a ban on same-sex marriages is unconstitutional, in San Francisco on February 7, 2012. UPI/Terry Schmitt
Supporters of gay marriage hold up a photo and copy of their marriage certificate at rally outside the Ninth Circuit Court of Appeals as judges rule that California's Proposition 8, a ban on same-sex marriages is unconstitutional, in San Francisco on February 7, 2012. UPI/Terry Schmitt 
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Published: Oct. 18, 2012 at 12:10 PM
By GABRIELLE LEVY, UPI.com

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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