Federal Appeals Court in Boston Rules Against DOMA

James P. Ryan, Esq., a family lawyer from Plymouth, Michigan, just alerted me to breaking news: The New York Times has just announced that a three-judge panel of the First United States Circuit Court of Appeals in Boston ruled unanimously today that the Defense of Marriage Act, passed by Congress in 1996, discriminates against married same-sex couples by denying them the same federal benefits afforded to heterosexual couples. Because it is anticipated that an application for certiorari will be filed in the United States Supreme Court, the decision will have no immediate effect.

Today’s ruling upheld an earlier decision by a lower court. This is the first time an appeals court has declared the federal law unconstitutional. The ruling dealt only with the question of federal benefits for same-sex couples; it did not address the legality of same-sex marriage.

Mary L. Bonauto, who argued the case for Gay and Lesbian Advocates and Defenders, told reporters: “We think today is a great day and look forward to the next round,” She praised the decision, calling it “crisp, solid and well-reasoned,” and described it as “rooted in the last 50 years of equal protection jurisprudence.”

The Defense of Marriage Act, known as DOMA, defines marriage as being between a man and a woman. It was signed into law by President Bill Clinton.

To read the entire New York Times article, Appeals Court Rules Against Federal Marriage Act, Katharine Q. Seelye, May 31, 2012, click here.