First Circuit Rules DOMA is Unconstitutional

The Defense of Marriage Act (DOMA) defines marriage as a union exclusively between a man and a woman. A major issue surrounding this act is whether the federal government can deny tax, health and pension benefits to same-sex couples in states where they are legally allowed to marry.

On Thursday, in Massachusetts v. Dept. of Health and Human Services, the 1^st Circuit Court of Appeals ruled that the federal law is unconstitutional. This decision is likely to go up to the Supreme Court, and until then, there will not be immediate availability of benefits that are currently denied to same-sex marriages.

A bill aimed at repealing DOMA, the Respect for Marriage Act, is working its way through Congress. Currently same-sex marriage is allowed in the District of Columbia and six other states. Many states have legalized domestic partnerships, but some states still have laws or amendments that ban same-sex marriage.

See Bill Mears, Federal Court Strikes Down Key Part of Federal Law Banning Same-sex Marriage, CNN, May 31, 2012.

Special thanks to Jim Hillhouse (Professional Legal Marketing (PLM, Inc.)) for bringing this article to my attention.