BREAKING NEWS -- DOMA ruled unconstitutional by NY Appeals Court

[malasadas.livejournal.com]

The Federal Appeals Court in NY has ruled that the 1996 Defense of Marriage Act violates equal protection of the law and is unconstitutional. This makes the second appeals level court in the nation to do so, joining the Boston court from last year.

My take: Good. Argue all you want about whether or not states can or cannot bar same sex couples from receiving marriage licenses in their states, but DOMA is a terrible law that discriminates at the federal level against couples who are legally married in the states that DO have same sex marriage and which allows states that recognize heterosexual marriage licenses as valid across state lines to not recognize those marriages when they are from same sex couples. That's completely against the full faith and credit clause of the Constitution -- an act of Congress should not be allowed to just let states pick and choose what "public acts, records, and judicial proceedings of every other state." they respect.

Comments

[underlankers.livejournal.com]

I still can't figure out how they justify this in spite of the Full Faith and Credit Clause.

[a-new-machine.livejournal.com]

Because DOMA Section 3, the section in question here, refers to federal recognition of state acts, whereas the FF&C clause requires states to recognize each others' acts. That it also purports to give states a free pass is another thing, but the lawsuit challenged federal recognition and implementation, not states' reliance on the Act.