Thursday, June 7, 2012

DOMA Struck Down Again

This is beginning to be a regular thing.

Echoing several other recent court opinions, U.S. District Court Judge Barbara Jones today ruled that the Defense of Marriage Act’s federal definition of marriage is unconstitutional insofar as it forced Edie Windsor to pay estate taxes after the death of her wife, Thea Spyer, that would not have been owed had she been married to a man.


The ruling in Windsor’s case, which was filed in the Southern District of New York, comes less than a week after a three-judge panel of the U.S. Court of Appeals for the First Circuit unanimously found DOMA unconstitutional under a type of rational basis analysis, affirming a decision earlier reached on more expansive reasoning by U.S. District Court Judge Joseph Tauro.

And again, the reason is that if a state recognizes same-sex marriage as the same as cross-gender marriage, the federal law unconstitutionally discriminates against same-sex couples.

HT to Joe.