Gay History - May 31, 2012: The U.S Circuit Court of Appeals Strikes Down Section 3 of the Defense of Marriage Act as Unconstitutional.

Gay History – May 31, 2012: The U.S Circuit Court of Appeals Strikes Down Section 3 of the Defense of Marriage Act as Unconstitutional.

On May 31, 2012, a significant milestone in the fight for LGBT+ rights in the United States was achieved when the U.S. 1st Circuit Court of Appeals struck down Section 3 of the Defense of Marriage Act (DOMA) as unconstitutional. This decision marked a turning point in the legal recognition of same-sex marriages and represented a triumph for equal rights.

Enacted in 1996, the Defense of Marriage Act defined marriage as a legal union exclusively between one man and one woman at the federal level. DOMA aimed to deny same-sex couples access to federal marriage benefits and allow states to refuse recognition of same-sex marriages performed in other jurisdictions. However, the act faced mounting criticism for its discriminatory nature and infringement upon the rights of same-sex couples.

In the case of Gill v. Office of Personnel Management, the U.S. 1st Circuit Court of Appeals ruled that Section 3 of DOMA violated the Equal Protection Clause of the U.S. Constitution. The court argued that by excluding same-sex couples from federal marriage benefits, DOMA created a “demeaning and stigmatizing” distinction between married heterosexual couples and married same-sex couples.

The court further held that the federal government lacked a legitimate interest in denying same-sex couples the financial and legal advantages afforded to opposite-sex couples. It emphasized that the exclusion of same-sex couples from federal benefits undermined the rights of those couples who were legally married under state laws.

The 1st Circuit’s decision to strike down Section 3 of DOMA as unconstitutional had far-reaching implications. It was the first time a federal appellate court had declared a key provision of DOMA invalid. This ruling set an important precedent and served as a catalyst for subsequent legal challenges to DOMA and similar discriminatory laws.

Ultimately, the U.S. Supreme Court would take up the issue in the landmark case of United States v. Windsor in 2013. The Supreme Court’s decision in Windsor built upon the 1st Circuit’s ruling, striking down Section 3 of DOMA as a violation of the Fifth Amendment’s Due Process and Equal Protection Clauses. This decision paved the way for the legalization of same-sex marriage nationwide in Obergefell v. Hodges in 2015.

The 1st Circuit’s ruling marked a significant step forward in the fight for LGBTQ+ rights in the United States. It challenged the notion that the federal government could discriminate against same-sex couples and helped establish marriage equality as a fundamental right. The decision energized advocates and provided hope for those striving for equal treatment under the law. Which has never materialized.

The U.S. 1st Circuit Court of Appeals’ decision to strike down Section 3 of the Defense of Marriage Act as unconstitutional played a pivotal role in the trajectory toward marriage equality in the United States. By recognizing the inherent discrimination within DOMA, the court contributed to the growing movement for LGBT rights, ultimately leading to the nationwide legalization of same-sex marriage. This historic ruling marked a significant victory for equality and represented progress toward a more inclusive and just society.

2 thoughts on “Gay History – May 31, 2012: The U.S Circuit Court of Appeals Strikes Down Section 3 of the Defense of Marriage Act as Unconstitutional.

  1. IMHO the govt needs to call it what it is…a civil union. And the civil govt has the legalize what it wants to.
    that said, calling it marriage is sticking a finger in God’s eye who called marriage between a man and woman what marriage in His eyes is. period. If this country wants to remain in the blessings of a creator that gives inalienable rights, we need to honor that God not put our finger in his eye.

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