Second Circuit Court of Appeals Rules DOMA Unconstitutional

FOR IMMEDIATE RELEASE
October 18, 2012

PRESS CONTACT:
Manny Rivera 323.892.2081 or manny@afer.org

Second Circuit Court of Appeals Rules DOMA Unconstitutional

New York, NY – Today, the United States Court of Appeals for the Second Circuit found that Section 3 of the federal Defense of Marriage Act (DOMA) violates the equal protection component of the Fifth Amendment to the United States Constitution, making it the second federal appeals court to find DOMA unconstitutional. The United States Court of Appeals for the First Circuit made a similar ruling in May of this year. Enacted by Congress in 1996, DOMA nullifies the marriages of gay and lesbian couples for all purposes of federal law.

Adam Umhoefer, executive director of the American Foundation for Equal Rights (AFER), the sole sponsor of the federal constitutional challenge to California’s Proposition 8, issued the following statement on today’s decision:

“Today’s decision by the United States Court of Appeals for the Second Circuit continues the unceasing momentum toward marriage equality for all Americans and affirms that discrimination against gay and lesbian Americans is unfair, unjust, and unconstitutional. The body of evidence in support of marriage equality is clear and convincing. This decision, as well previous decisions in other DOMA cases and in our federal constitutional challenge to California’s Proposition 8, signals that the arguments opposing the recognition of marriage for gay and lesbian Americans have no legal basis. With today’s ruling, we are one step closer to the day when marriage equality is a reality for every American.”

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About the American Foundation for Equal Rights
The American Foundation for Equal Rights is the sole sponsor of Perry v. Brown (now Hollingsworth v. Perry), the federal constitutional challenge to California’s Proposition 8. After bringing together bipartisan attorneys Theodore B. Olson and David Boies to lead its legal team, AFER successfully advanced the Perry case through Federal District Court and the Ninth Circuit Court of Appeals. The Foundation is committed to achieving full federal marriage equality.
www.afer.org