July 09, 2010

Federal Judge Rules Part 3 of DOMA Unconstitutional!





PRESS ADVISORY: FOR IMMEDIATE RELEASE

Part 3 of the Defense of Marriage Act (“DOMA”) deemed Unconstitutional!!!

Contacts: Cathy Marino-Thomas, Jeff Friedman

In 1996, Congress enacted and President Clinton signed into law the Defense of Marriage Act (“DOMA”). Section 3 of DOMA defines the terms "marriage" and "spouse" as the union of one man and one woman for the first time in American History. Today, The Hon. Joseph L. Tauro of the United States District Court for the District of Massachusetts ruled that Section 3 of DOMA is unconstitutional.

Cathy Marino-Thomas, MENY’s Board President, said “Judge Tauro’s insight and understanding of the founding principals of equality are a wonderful step forward for all families. The decision in this case will enable my wife and I to better protect our 10-year-old child. We are thrilled to have our marriage gain the recognition and support that will result from this verdict.” Marino-Thomas continued, “When our daughter learns about equality in school, she will know it applies to her.”

"The U.S. District Court applied a rational and common-sense approach to the meaning of equal protection under the law. We applaud Judge Tauro for this decision. We encourage Albany and the New York State Senate to employ a similar approach and pass marriage equality legislation so that all New Yorkers can be treated equally under the law. In this election year, MENY PAC is committed to making sure the New York State Senate reflects the position of the majority of New Yorkers who support equal access to civil marriage for all New York's loving couples," said Jeff Friedman, MENY PAC’s Board President.

The Court held that Section 3 of DOMA violates the equal protection guarantees of the Due Process Clause of the Fifth Amendment to the United States Constitution by arbitrarily and irrationally creating discrete classes of citizens. The court found that DOMA bears no rational relationship to any legitimate government interest by barring legally married same-sex couples access to federal benefits guaranteed to legally married heterosexual couples. Furthermore, Judge Tauro ruled that DOMA harms families of same-sex couples by denying children the immeasurable benefits of a stable family. The Court noted that children raised by gay and lesbian parents are just as likely to be well-adjusted as those raised by heterosexual parents.

In the companion case brought by the Commonwealth of Massachusetts, Judge Tauro held that DOMA violates the 10th Amendment to the Unites States Constitution by intruding on areas that are of exclusive state authority (marriage and the issuance of marriage licenses) and by forcing the Commonwealth to discriminate against some of its own citizens in order to retain its federal funds in federal-state programs.

Phone & Fax: 877-772-0089
http://www.pac.meny.us/

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