Second US Court Declares 'Defense of Marriage Act' Unconstitutional

By Erin Fuchs and Aleksi Tzatzev, BUSINESS INSIDER

Second US Court Declares 'Defense of Marriage Act' Unconstitutional

October 18, 2012 Updated Oct 18, 2012 at 9:41 AM PDT

The U.S. Court of Appeals for the Second Circuit on Thursday struck down the Defense of Marriage Act, finding the Clinton-era law violates the right to equal protection guaranteed by the Constitution.

DOMA defines marriage as between a man and a woman and says states don't have to recognize same-sex marriage.

It has the practical effect of sometimes requiring gay couples to pay more federal taxes.

In striking the law down, the Second Circuit sided with a 83-year-old Edith Windsor, who was forced to pay estate taxes after the death of her wife in 2009.

The U.S. Supreme Court is expected to take up DOMA – as well as California's Proposition 8, which barred same-sex marriage in the state – this term.

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