Wednesday, April 4, 2012

Lawsuits Challenging DOMA Are Filed in Appeals Courts

The New York Times and GLAD (Gay and Lesbian Advocates and Defenders) reported that today the United States Court of Appeals for the First Circuit in Boston will hear arguments in a case challenging the Defense of Marriage Act (DOMA) as unconstitutional because it prevents same-sex couples married in Massachusetts from qualifying for federal benefits. 


DOMA was enacted in 1996. The New York Times article stated that the Obama administration pledged in February 2011 that it would not defend the "central provision of the marriage act" in courts because it is "unconstitutionally discriminatory" but will challenge arguments with respect to other claims in the case. The House of Representatives has appointed a conservative group to defend DOMA in court. 


Meanwhile, Immigration Equality, a group that advocates for gay rights focusing on immigration law issues, filed suit in the United States District Court for the Eastern District of New York on Monday, on behalf of five legally married same-sex couples challenging DOMA "based on its effect on gay or lesbian immigrants who want to gain legal residence through marriage to American citizens." The complaint recounts the stories of the five couples, most of whom are facing expiration of their temporary visas. For more on this story, click here


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