US Court of Appeals rules DOMA unconstitutional .... Edie and Thea

  • LuckyGuyKC

    Posts: 2080

    Oct 20, 2012 3:03 AM GMT
    "The Defense of Marriage Act’s narrow definition of marriage fails to advance a legitimate federal government interest and is therefore unconstitutional,"

    The Supreme Court is expected to hear the case this session.. This is huge and a major blow to DOMA.

    Thea and Edie were together for 42 years and literally robbed of part of their amassed fortune by the US Tax Code simply because their marriage is not recognized due to DOMA.

    http://www.aclu.org/lgbt-rights/windsor-v-united-states-thea-edie-doma
    While it's too early to celebrate I encourage everyone to become educated on this case and build awareness.
    images?q=tbn:ANd9GcT0ckrUZAX_vonM_9LC6BB
  • Posted by a hidden member.
    Log in to view his profile

    Oct 20, 2012 5:11 AM GMT
    The Second Circuit struck down Section 3 under strict scrutiny, which means it decided that LGBT people deserve special protection because of a history of discrimination.

    The other Appeals Court struck down the same provision under rational scrutiny, which simply meant there was no legitimate reason for this law.

    I guess it's one of the moments when the Supreme Court will have to decide whether LGBT people deserve special protection. I don't see a majority for that, but one can hope.
  • metta

    Posts: 39139

    Oct 20, 2012 5:45 AM GMT
    Thanks for the update. icon_biggrin.gif
  • LuckyGuyKC

    Posts: 2080

    Oct 21, 2012 3:15 AM GMT
    themachine saidThe Second Circuit struck down Section 3 under strict scrutiny, which means it decided that LGBT people deserve special protection because of a history of discrimination.

    The other Appeals Court struck down the same provision under rational scrutiny, which simply meant there was no legitimate reason for this law.

    I guess it's one of the moments when the Supreme Court will have to decide whether LGBT people deserve special protection. I don't see a majority for that, but one can hope.


    Thanks for this more thorough discussion.

    I really think this is uber important .... a little disappointed that this thread got no traction.