appeals court

DOMA Ruled Unconstitutional By Federal Appeals Court In New York

Submitted by ONE Community on October 18, 2012 - 10:27am

A divided federal appeals court in Manhattan struck down the Defense of Marriage Act Thursday as unconstitutional, joining an appeals court in Boston in rejecting the law that defines marriage as between a man and a woman. The Supreme Court is expected to take up the case in the next year.

The 2nd U.S. Circuit Court of Appeals issued its 2-to-1 ruling only weeks after hearing arguments on a lower court judge's findings that the 1996 law was unconstitutional. Read more »

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NY court to hear arguments in gay marriage case

Submitted by ONE Community on September 18, 2012 - 9:10pm

NEW YORK — The Defense of Marriage Act is set for a showdown in a federal appeals court later this month between those who say it is right for the government to speak of marriage only in heterosexual terms and those who say doing so discriminates against same-sex unions. Read more »

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Defense of Marriage Act Struck Down by Appeals Court

Submitted by ONE Community on May 31, 2012 - 8:25am

An appeals court ruled Thursday that the heart of a law that denies a host of federal benefits to gay married couples is unconstitutional.

The 1st U.S. Circuit Court of Appeals in Boston said the Defense of Marriage Act, which defines marriage as a union between a man and a woman, discriminates against married same-sex couples by denying them federal benefits.

The law was passed in 1996 at a time when it appeared Hawaii would legalize gay marriage. Since then, many states have instituted their own bans on gay marriage, while eight states have approved it, led by Massachusetts in 2004. Read more »

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DOMA challenge gets appeals court hearing

Submitted by ONE Community on April 7, 2012 - 1:50pm

From The San Francisco Gate:

A closely watched constitutional challenge to the Defense of Marriage Act, known as DOMA, went before a U.S. appeals court for the first time Wednesday, setting the stage for a possible Supreme Court decision next year on whether legally married same-sex couples are entitled to equal benefits under federal law.

At issue is not whether gays and lesbians have a right to marry, but whether the federal government can deny tax, health and pension benefits to same-sex couples in states where they can marry.

ONE Community

Appeals Court Hears Arguments on Gay Marriage Law

Submitted by ONE Community on April 7, 2012 - 1:46pm

From The New York Times:

BOSTON — A federal appeals court panel heard arguments Wednesday on whether to uphold a lower court’s finding that a section of the 1996 law banning federal recognition of same-sex marriage is unconstitutional.

The case is the first challenge to the so-called Defense of Marriage Act, or DOMA, to reach a federal appeals court. In July 2010, Judge Joseph L. Tauro of the United States District Court in Boston sided with the plaintiffs in two separate cases brought by the state attorney general and a gay rights group. Read more »

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Federal appeals court takes up Defense of Marriage Act

Submitted by ONE Community on April 5, 2012 - 12:37pm

An appeals court hears arguments on whether to nullify part of the 1996 law that denies certain rights and benefits to same-sex married couples. The case is likely to head to the Supreme Court.

WASHINGTON — A closely watched constitutional challenge to the Defense of Marriage Act went before a U.S. appeals court for the first time Wednesday, setting the stage for a possible Supreme Court decision next year on whether legally married same-sex couples are entitled to equal benefits under federal law.

At issue is not whether gays and lesbians have a right to marry, but whether the federal government can deny tax, health and pension benefits to same-sex couples in states where they can marry. Read more »

ONE Community

Battle over federal Defense of Marriage Act heads to appeals court in Mass.

Submitted by ONE Community on March 31, 2012 - 10:00pm

BOSTON — A legal battle over a law that denies federal benefits to married gay couples is headed to a federal appeals court in Massachusetts, the first state in the nation to legalize gay marriage.

The federal Defense of Marriage Act, enacted by Congress in 1996, defines marriage as a union between a man and a woman and prevents the federal government from recognizing same-sex marriages. Read more »

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Court orders immediate halt to gay military ban

Submitted by ONE Community on July 8, 2011 - 1:44pm

From the Associated Press:

SAN FRANCISCO (AP) — A federal appeals court ordered the U.S. government on Wednesday to immediately cease enforcing the ban on openly gay members of the military, a move that could speed the end of the 17-year-old rule.

Congress repealed the policy in December and the Pentagon is already preparing to welcome gay military personnel, said the ruling from a three-judge panel of the 9th U.S. Circuit Court of Appeals in San Francisco. There's no longer any purpose for a stay the appeals court had placed on a lower court ruling that overturned "don't ask, don't tell," the judges said. Read more »

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