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Defense of Marriage Act Ruled Unconstitutional

By Kevin Fayle on February 23, 2012 1:58 PM

A federal judge in San Francisco has found that the Defense of Marriage Act (DOMA) violated the rights of a federal employee who was denied the opportunity to enroll her wife in the health benefits program available to opposite spouses of federal judiciary employees. DOMA prohibits the recognition of same-sex marriages for purposes of federal benefits. The judge in the case determined that DOMA violated the plaintiff's right to equal protection under the Fifth Amendment by failing to recognize her lawful marriage to a same-sex spouse.
The Obama Administration has already announced that it considers DOMA discriminatory and has opted not to enforce it.
Defense of Marriage Act Ruled Unconstitutional
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