2nd Circuit Finds Defense of Marriage Act Unconstitutional

In a ruling handed down today, the United States Court of Appeals for the Second Circuit ruled that Section 3 of the Defense of Marriage Act (DOMA) is unconstitutional. Section 3 is the provision which defines marriage as between a man and a woman. The challenge in this case came from an 82-year old woman who sued the federal government for denying her the benefit of spousal deductions when paying estate taxes.

Read the opinion.

On May 31, 2012, the United States Court of Appeals for the First Circuit also struck down DOMA. The United States Supreme Court has been asked to review that decision.

About Anne Burnett

Foreign and International Law Librarian
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