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      defense of marriage act

      Court says heart of anti-gay marriage law is unconstitutional; discriminates against same-sex couples.

      1st Circuit Court of Appeal Finds 'Defense of Marriage Act' Discriminatory and Unconstitutional

      The 1st U.S. Circuit Court of Appeals in Boston today declared that the Defense of Marriage Act, which defines marriage as a union between a man and a woman, discriminates against married same-sex couples by denying them federal benefits. The court called the law, passed by Congress and signed by President Bill Clinton in 1996, unconstitutional.

      Common Dreams Staff
      May 31, 2012

      The 1st U.S. Circuit Court of Appeals in Boston today declared that the Defense of Marriage Act, which defines marriage as a union between a man and a woman, discriminates against married same-sex couples by denying them federal benefits. The court called the law, passed by Congress and signed by President Bill Clinton in 1996, unconstitutional.

      The specific case under review by the 1st Circuit, Gill v. Office of Personnel Management, was originally filed by GLAD on behalf of several married same-sex couples and widowers in Massachusetts in 2009. In 2010, a federal judge found that DOMA violated the equal protection clause of the Fifth Amendment. Today's decision upholds that ruling.

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