News: US court of appeals rules marriage definition unconstitutional
Legislation which defines marriage as being between a man and a woman is unconstitutional and a violation of equality laws, the US Court of Appeals for the Second Circuit has ruled.
Part of the Defence of Marriage Act was judged to breach the right to equal protection under the law, according to a report in the New York Law Journal. The Defence of Marriage Act is a federal law passed in 1996 under President Clinton.
The law had been challenged by Edith Schlain, who claimed it has led to discrimination against her following the death of female partner Thea Spyer. Their marriage in 2007 was recognized by New York state in 2011 but not by federal law, which meant she did obtain the usual marriage exemption from estate tax.
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