The U.S. Court of Appeals for the First Circuit weighed in on the validity of the federal Defense of Marriage Act (DOMA), finding unconstitutional the denial of federal benefits to same-sex couples lawfully married in Massachusetts. The First Circuit noted that although DOMA does not prohibit same-sex marriages under state law, it imposes financial and other burdens on same-sex couples, preventing them from enjoying certain benefits of marriage afforded opposite-sex couples. Unlike their opposite-sex counterparts, for example, same-sex couples may not file joint tax returns, with the resultant tax savings, or receive Social Security survivor benefits upon a spouse’s death. Finding that the denial of federal benefits to legally married same-sex couples “has not been adequately supported by any permissible federal interest,” the First Circuit upheld a lower court decision that the law is unconstitutional. Nevertheless, the First Circuit stayed its decision, anticipating a review of DOMA by the U.S. Supreme Court. (Massachusetts v. HHS, 1st Cir. 2012)
Register Now As you are not an existing subscriber please register for your free daily legal newsfeed service.Register
If you have any questions about the service please contact email@example.com or call Lexology Customer Services on +44 20 7234 0606.
First Circuit rules DOMA unconstitutional
- Hodgson Russ LLP
- Peter K. Bradley, Anita Costello Greer, Michael J. Flanagan, Richard W. Kaiser, Arthur A. Marrapese III and Ryan M. Murphy
- August 29 2012
If you are interested in submitting an article to Lexology, please contact Andrew Teague at firstname.lastname@example.org.
“I make an effort to read at least several articles each day and regularly share the particularly relevant or interesting articles with my colleagues. I greatly appreciate the inclusion of the Lexology service by the State Bar of...
“I make an effort to read at least several articles each day and regularly share the particularly relevant or interesting articles with my colleagues. I greatly appreciate the inclusion of the Lexology service by the State Bar of Texas and have recommended that my friends and colleagues join the Corporate Counsel Section of the State Bar in order to obtain this service for themselves.”
Edward J. Willey III
Huawei Technologies (USA)