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Another Federal Judge Strikes Down DOMA

 
 
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Another federal judge has struck down the Defense of Marriage Act (DOMA), finding the law unconstitutional.

The victory comes in the case of Edie Windsor, who was seeking a refund of the federal estate tax paid by the estate of her late wife. From the ruling:

The Court declares that section 3 of the Defense of Marriage Actis unconstitutional as applied to the Plaintiff. Plaintiff is awarded judgment in the amount of $353,053.00, plus interest and costs allowed by law.

It’s another loss for Paul Clement and House Speaker John Boehner’s (R-OH) Bipartisan Legal Advisory Group of the House of Representatives (“BLAG”), who had claimed that her homosexuality was a “choice.”

Windsor’s attorneys had argued that “DOMA violates the Equal Protection principles of the U.S. Constitution because it recognizes existing marriages of heterosexual couples, but not of same-sex couples, despite the fact that New York State treats all marriages the same.”

Update: More from the ruling: “It does not follow from the exclusion of one group from federal benefits (same-sex married persons) that another group of people (opposite-sex married couples) will be incentivized to take any action, whether that is marriage or procreations.”

Think Progress / By Igor Volsky | Sourced from

Posted at June 7, 2012, 3:36am

 
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