Second Circuit Declares Section 3 Of Defense Of Marriage Act Unconstitutional

Dale Carpenter reports for the Volokh Conspiracy: 

"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."

For my legal analysis of the issues in this case, see a previous post in which I discussed the case as it moved through another federal circuit: http://www.stevelackner.com/2012/04/defense-of-marriage-act-to-be-argued-in_26.html Tweet