In Commonwealth v. U.S. Department of Health and Human Services, the U.S. Court of Appeals for the First Circuit held that the provision runs afoul of the federal constitution’s guarantee of equal protection of the law. In Windsor v. U.S., a federal district court in New York did the same. In both cases, the court noted the utter lack of any connection between any legitimate federal interest and a law that singles out same-sex married couples for special, adverse treatment.
These courts have joined a growing chorus of opinion—expressed, now, by constituents of all three branches of government—that DOMA has run its course. From which branch will the final nail in DOMA’s coffin come?
Joanna L. Grossman,
Two More Nails in DOMA’s Coffin: Courts Invalidate Federal Law’s Rejection of Same- Sex Marriage Verdict
Available at: https://scholarlycommons.law.hofstra.edu/faculty_scholarship/949