Constitution Daily

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Defense Of Marriage Act heads to Supreme Court

May 31, 2012 by NCC Staff


A federal appeals court overturned part of the Defense of Marriage Act on Thursday, acknowledging that the case will be settled by the U.S. Supreme Court.

“We have done our best to discern the direction of these precedents, but only the Supreme Court can finally decide this unique case,” the three judges from the 1st U.S. Circuit Court of Appeals in Boston.

Image courtesy Fibonacci Blue/Flickr.

The judges didn’t rule on a provision that relieves states from recognizing same-sex marriages licensed in other states.

They did rule as unconstitutional part of the law denying employment benefits to the same-sex spouse of a federal employee.

In a statement, Gay & Lesbian Advocates & Defenders (GLAD) said it also expected the legal fight over DOMA to continue.

“We expect the Bipartisan Legal Advisory Group (BLAG) of the U.S. House of Representatives to appeal the decision. BLAG stepped forward to defend DOMA from equal protection challenges after President Obama declared he would no longer defend the law in response to GLAD’s challenges,” the group said on its website.

For more analysis on DOMA:

Constitution Check: Must gay marriage be a fundamental right in order to exist?Is the Defense of Marriage Act constitutional?

Constitution Check: Has the president endorsed a constitutional right to same-sex marriage?


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