DOMA Ruled Unconstitutional

A federal appeals court ruled on Thursday that a federal law denying benefits to married gay couples is unconstitutional.

In a unanimous decision, the three-judge panel of the 1st U.S. Circuit Court of Appeals in Boston said the Defense of Marriage Act (DOMA) deprives gay couples of the rights and privileges granted to heterosexual couples.

An appeal seems inevitable, meaning the case would go to the U.S. Supreme Court.

Passed by Congress in 1996, DOMA defines marriage as the legal union of one man and one woman. Under the law, no state is required to recognize a same-sex marriage performed in another state. However, the appeals court ruling did not address that aspect of DOMA. It also didn’t address whether gay couples have a constitutional right to marry.

West Hollywood city leaders were quick to issue statement about the ruling.

“Hooray! There is much to celebrate in today’s news of the federal appeals court ruling against DOMA,” said Mayor Jeff Prang. “This puts us one step closer towards equal rights for all Americans. It is just a matter of time before we end, once and for all, this law driven by bigotry.”

“Today’s landmark decision illustrates how far America has come since the Defense of Marriage Act was passed in 1996,” said Mayor Pro Tem Abbe Land. “This ruling is a positive step forward in our fight to overturn Prop 8 in California and ensure full marriage equality for all.”

Councilmember John Duran said, “This has been a banner year for LGBT rights with 2 strikes against ‘Don't Ask, Don't Tell’ and DOMA. Let's pray that the third strike this year will be the federal courts striking down Proposition 8 later in the fall.”

“The Court has publicly affirmed what we as citizens have known all along: that this type of discrimination is a misuse of the laws of the land and an attack on the Constitution that guarantees equal rights for all Americans,” said Councilmember John D’Amico.

“Not only is public opinion changing, but the courts are also increasingly recognizing the unconstitutionality of denying people their rights to marry,” said Councilmember John Heilman.  “DOMA is particularly problematic as it denies equality to people married in their own state.”

Since Congress passed DOMA, eight states have approved gay marriage – Massachusetts, Connecticut, New York, Iowa, New Hampshire, Vermont, Maryland, Washington state and the District of Columbia.

Maryland and Washington's laws are not yet in effect and may be subject to referendums.

In California, gay marriage was legal for five months in 2008. The California Supreme Court ruled on May 15, 2008 that same-sex couples had the right to wed. Between June 17 and November 4, 2008, more than 18,000 same-sex marriages were performed in the state. With the passage of Proposition 8, same-sex marriages in California were again outlawed.

The city of West Hollywood issued more than 1,000 same-sex marriage licenses and performed more than 600 marriage ceremonies during those five months when same-sex marriages were legal.

During that time, Prang married his partner Ray Vizcarra and D’Amico married his partner Keith Rand.