First Circuit rules section 3 of DOMA is unconstitutional.
Posted: 5/31/12
The first circuit ruled today (5/31/12) that the third part of DOMA that requires the federal government to recognize that marriage is only recognized as the union of one man and one woman is unconstitutional.
The court rejected the following reasoning presented by the defense for section 3 of DOMA:
- "preserving scarce government resources"
- "support child–rearing in the context of stable marriage"
- "moral disapproval of homosexuality"
- a desire to put gay marriage on hold until further study could develop
According to the court those rationales did not provide adequate support for Section 3 of DOMA. This ruling is also not in any way binding until the U.S. Supreme Court rules on this case.
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