Federal Court Unanimously Rules Defense of Marriage Act is Unconstitutional
First Circuit Court panel, including two Republican appointees, finds “no precedent exists for DOMA's sweeping general ‘federal’ definition of marriage for all federal statutes and programs.”
NEW YORK – Today a federal three-judge panel, including two Republican appointees, unanimously ruled that Section Three of the so-called Defense of Marriage Act, which discriminates against the marriages of same-sex couples performed in the states, is unconstitutional. Below is a statement from Evan Wolfson, founder and President of Freedom to Marry, and the architect of the Hawaii marriage case cited in the unanimous opinion:
“Today’s unanimous decision issued by the First Circuit Court of Appeals is a powerful affirmation that the so-called Defense of Marriage Act is an unconstitutional and unjust law whose days are numbered. This ruling will return the federal government to its historic role of respecting marriages performed in the states, without carving out a ‘gay exception’ that denies thousands of protections.
“As more loving same-sex couples commit their lives to one another in marriage, the harms of this unjust law become more clear – from service members, risking their lives to protect ours, being denied the ability to protect their own families through military medical insurance or survivor benefits to senior citizens having to move out of their homes after their partners of many decades pass on because they cannot access Social Security protections afforded any other legally married couple.”
Freedom to Marry is the campaign to win marriage nationwide. We are pursuing our Roadmap to Victory by working to win the freedom to marry in more states, grow the national majority for marriage, and end federal marriage discrimination. We partner with individuals and organizations across the country to end the exclusion of same-sex couples from marriage and the protections, responsibilities, and commitment that marriage brings.