Appeals court strikes down Defense of Marriage Act

Beth Moszkowicz//October 19, 2012//

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The 2nd U.S. Circuit Court of Appeals held Thursday that the Defense of Marriage Act, which defines marriage as between one man and one woman, violates the Constitution’s equal protection guarantee.

A divided court held in Windsor v. United States that the definition of “marriage” in the Defense of Marriage Act violated the rights of plaintiff Edith Windsor because it prevented the Internal Revenue Service from acknowledging that she was the spouse of her now deceased partner.

Observers are eager to see whether the Supreme Court will take up the Windsor case as well as a decision out of the First Circuit decision, in Massachusetts v. U.S. Department of HHS.

Maryland voters will get to vote next month on whether to approve same-sex marriage, with a recent poll showing a majority of Marylanders are leaning in favor.

Tags: appeals, defense of marriage act, opinion

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