by Jeremy Leaming
In helping to advance equality, a second federal appeals court today invalidated on equal protection grounds the so-called Defense of Marriage Act.
A three-judge panel of the U.S. Court of Appeals for the Second Circuit found a provision of the act a violation of the Constitution’s equal protection clause. In May, the U.S. Court of Appeals for the First Circuit also invalidated DOMA as a violation of the equal protection clause. Sec. 3 of DOMA states that the federal government only recognizes marriages between men and women.
In Windsor v. U.S., the Second Circuit panel took a different route to invalidating Sec. 3 of DOMA, saying it could not survive “intermediate scrutiny,” meaning the discriminatory treatment of Sec. 3 of DOMA must surive a stricter test of whether a law violates constitutional rights. The government in this case had the burden of explaining why a grouping of people – lesbians and gay men – for discriminatory treatment did not violate the Constitution’s equal protection clause.
In this matter Edith “Edie” Windsor and her partner Thea Spyer were married in Canada in 2007. The married couple lived in New York and when Spyer died in 2009, Edie was forced to pay taxes on Spyer’s estate, something she would not have had to do if her marriage were treated by the government like straight couples’ marriages.
“The class affected by Section 3 of DOMA is composed entirely of persons of the same sex who have married each other,” and same-sex couples like Windsor and her partner “are the population most visible to the law, and they are foremost in mind when reviewing DOMA’s constitutionality,” the appeals court ruled.