by Jeremy Leaming
Besides being the first federal appeals court to invalidate the discriminatory Defense of Marriage Act (DOMA), at least one blogger says it is noteworthy because two of the federal appeals court judges are Republican appointees. The unanimous court opinion upholding a lower district court decision, found DOMA advanced disparate treatment of same-sex couples and interfered with the right of states to regulate marriage.
In Gill v. Office of Personnel Management, a three-judge panel of the U.S. Court of Appeals for the First Circuit found that although DOMA does not invalidate same-sex marriages recognized in a growing number of states, “its adverse consequences for such a choice are considerable. Notably, it prevents same-sex married couples from filing joint federal tax retruns, which can lessen tax burdens, and prevents the surviving spouse of a same-sex marriage from collecting Social Security survivor benefits. DOMA also leaves federal employees unable to share their health insurance and certain other medical benefits with same-sex spouses.”
The First Circuit panel continued that the federal law, enacted by President Bill Clinton, works “to the disadvantage of same-sex married couples in the half dozen or so states that permit same-sex marriage. The number of couples thus affected is estimated at more than 100,000.” [Maryland recently joined seven other states and the District of Columbia in recognizing same-sex marriage.]
The public interest group, GLAD brought the case, representing seven Massachusetts same-sex couples and three surviving spouses to block the federal government from enforcing DOMA, which would block the couples from benefits available to straight married couples in the state. GLAD was founded in 1978 to end discrimination based on sexual orientation, HIV status, and gender identity and expression, argued that DOMA violates the equal protection rights of same-sex couples.
GLAD said the appeals court’s “decision reaffirms the lower court ruling that all married couples and surviving spouses deserve the same opportunities to care and provide for each other and their families.”