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.
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