Second Circuit Strikes Down DOMA Section 3

In a 2-1 opinion by Chief Judge Dennis Jacobs, a conservative appointed by the first President Bush, the Second Circuit has joined the unanimous chorus of federal courts striking down Section 3 of the Defense of Marriage Act, which bars federal recognition of same-sex marriages legalized by individual states.  The dissenter was Judge Chester Straub, who was appointed by President Clinton.  Applying intermediate scrutiny to sexual-orientation classifications, the court held that Section 3 violates the Equal Protection Clause.  The decision comes as the Supreme Court is weighing whether to grant certiorari to determine the constitutionality of the Act.  I may have more to say after I’ve had a chance to read the opinion. 

HT: David Lat and Walter Olson.

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