Defense of Marriage Act Ruled Unconstitutional
By
Kevin Fayle
on February 23, 2012
| Last updated on March 21, 2019
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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