Thursday, October 18, 2012
Second Circuit: DOMA is unconstitutional
A federal appeals court in New York (Second Circuit) has become the second appeals court to rule that the Defense of Marriage Act (DOMA), signed by President Clinton in 1996, is unconstitutional.
David Aristo has a detailed story on CNN here.
The case concerned Edith Windsor, 83, who had sued when the IRS tried to charge her over $360,000 in estate taxes from inheritance and had disallowed spousal deductions.
The other appeals court to have so ruled is in Boston.
“Homosexuals are not in a position to protect themselves from the discriminatory wishes of a majoritarian public” the court wrote. My own father used to rant, "The majority has rights, too!"
Here is a PDF of the opinion, link.
Thom Hartmann debates Maggie Gallagher on DOMA on the YouTube link above (6 months ago).