Today's Date: Add To Favorites
NY appeals court nixes Defense of Marriage Act
Court Watch | 2012/10/22 15:14
Saying the gay population has "suffered a history of discrimination,"
a divided federal appeals court in Manhattan ruled Thursday that a
federal law defining marriage as a union between a man and a woman was
unconstitutional, adding fuel to an issue expected to reach the U.S.
Supreme Court soon.

The 2nd U.S. Circuit Court of Appeals seemed interested in adding its
voice to several other rulings already at the high court's doorstep by
issuing its 2-to-1 decision only three weeks after hearing arguments
on a lower court judge's findings that the 1996 law was

In a majority opinion written by Judge Dennis Jacobs, the 2nd Circuit,
like a federal appeals court in Boston before it, found no reason the
Defense of Marriage Act could be used to deny benefits to married gay
couples. It supported a lower court ruling after a woman sued the
government in 2010, saying the law required her to pay $363,053 in
federal estate tax after her partner of 44 years died.

Jacobs, though, went beyond the Boston court, saying discrimination
against gays should be scrutinized by the courts in the same
heightened way as discrimination faced by women was in the 1970s. At
the time, he noted, they faced widespread discrimination in the
workplace and elsewhere. The heightened scrutiny, as it is referred to
in legal circles, would mean government discrimination against gays
would be assumed to be unconstitutional.

"The question is not whether homosexuals have achieved political
successes over the years; they clearly have. The question is whether
they have the strength to politically protect themselves from wrongful
discrimination," said Jacobs, who was appointed to the bench in 1992
by President George H.W. Bush.

[PREV] [1] ..[885][886][887][888][889][890][891][892][893].. [1875] [NEXT]

Legal Business
Headline Legal News
Court News
Court Watch
Legal Interview
Topics in Legal News
Attorney News
Press Release
Legal Marketing
Courts: Bail reform working, but sus..
Maldives court delays reinstating pr..
Inmate in landmark Supreme Court cas..
GOP to take new congressional map to..
Afghans submitted 1.17 million war c..
City, landowner appeal Supreme Court..
Ohio court to hear online charter sc..
Beleaguered gunmaker Remington point..
Court: Ex-West Virginia judge inelig..
Wisconsin Supreme Court primary will..
Kushner firm seeks court change to k..
Judge to ask EU court about post-Bre..
 Law Firm Web Design Information
Law Promo has worked with attorneys, lawyers and law firms all over the world in designing beautiful law firm websites that look great on all devices, from desktop computers to mobile phones. Law Promo can construct your law firm a brand new responsive law firm website, or help you redesign your existing site to secure your place in the mobile world. Law firm website design by Law Promo

   Lawyer & Law Firm Links
Houston Car Accident Attorneys
Wrongful Death Attorneys Houston
Houston Wrongful Death
Chicago Business Law Attorney
Corporate Litigation Attorneys
Law Firm Website Designs
Law Office Website Solutions
Amherst, Ohio Divorce Lawyer
Sylkatis Law - Child Custody
Santa Ana Workers' Compensation Lawyers
Fort Lauderdale DUI Lawyer
Miami Drug Crimes Lawyer
Fort Washington Employment Lawyer
Attorney Marc E. Weinstein
San Francisco Trademark Lawyer
San Jose Trademark Lawyer
Disclaimer: The content contained on the web site has been prepared by Romeo Media as a service to the internet community and is not intended to constitute legal advice or a substitute for consultation with a licensed legal professional in a particular case or circumstance. Blog postings and hosted comments are available for general educational purposes only and should not be used to assess a specific legal situation. Legal Business News for You to Reach America's Legal Professionals. Get the latest legal news and information.