First Circuit Court Finds Defense of Marriage Act Unconstitutional

Plaintiffs Nancy Gill and Marcelle Letourneau— by Adam Bonin

A unanimous three-judge panel of the First Circuit Court of Appeals has ruled that there is no justification for the Defense of Marriage Act to disallow recognition to a same-sex couple legally married under Massachusetts law. The court’s reasoning follows the arguments advanced in JSPAN’s amicus curiae brief. Primary credit for the content of our brief goes to Philadelphia Jewish Voice Board Member Prof. Perry Dane of Rutgers Law School, an active member of the JSPAN Church-State Policy Center. Our strongest congratulations to Perry!

The court applied “intensified scrutiny” to DOMA’s treatment of minorities that are subject to discrepant treatment generally. Finding no federal interest that adequately justifies the statute, the court ruled that DOMA denies equal protection to gays and must be struck down.


Reprinted courtesy of the Jewish Social Policy Action Network.


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