. . LAWS: LEGISLATION : UNITED STATES: GOVERNMENT : LAW: CASE: DECISIONS : MARRIAGE : FAMILY: Federal Court Strikes Down Key Part of Federal Law Banning Same-Sex Marriage . . Federal Court Strikes Down Key Part of Federal Law Banning Same-Sex Marriage By Bill Mears CNN updated 12:21 PM EDT, Thu May 31, 2012 http://www.cnn.com/2012/05/31/us/ massachusetts-same-sex-marriage/index.html . A shorter URL for the above link: . http://tinyurl.com/6svjxnb . .(CNN) -- A key part of the law banning federal recognition of same-sex marriage was struck down as unconstitutional by a U.S. appeals court Thursday.
.The Defense of Marriage Act -- known as DOMA -- defines marriage for federal purposes as unions exclusively between a man and woman.
.At issue is whether the federal government can deny tax, health and pension benefits to same-sex couples in states where they can legally marry.
."If we are right in thinking that disparate impact on minority interests and federalism concerns both require somewhat more in this case than almost automatic deference to Congress' will, this statute fails that test," said the three judge panel.
.The 1st Circuit U.S. Court of Appeals, based in Boston, did not rule on the federal law's other key provision: that states that do not allow same-sex marriages cannot be forced to recognize such unions performed in other states.
.DOMA was enacted in 1996, when Hawaii was considering legalizing same-sex marriage.
.Marriage between two males or two females is legal in seven states and the District of Columbia. Many other states have legalized domestic partnerships and civil unions for such couples, including New Jersey, Illinois, Delaware, Rhode Island and Hawaii, a step designed in most cases to provide the same rights of marriage under state law.
.But other states have passed laws or state constitutional amendments banning such marriages.
.The appeals court said it recognizes how divisive the issue is, and noted it may ultimately be up to the Supreme Court to decide. But this decision is the first at this judicial stage to find the heart of the law unconstitutional.
."Many Americans believe that marriage is the union of a man and a woman, and most Americans live in states where that is the law today," said Judge Michael Boudin, appointed to the bench in 1992 by President George H.W. Bush. "One virtue of federalism is that it permits this diversity of governance based on local choice, but this applies as well to the states that have chosen to legalize same-sex marriage. Under current Supreme Court authority, Congress' denial of federal benefits to same-sex couples lawfully married in Massachusetts has not been adequately supported by any permissible federal interest."
Massachusetts had challenged the law on behalf of a group of same-sex couples. Similar lawsuits have been filed across the country.
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