Supreme Court Agrees to Hear ‘Defense of Marriage Act’ Challenge
The United States Supreme Court has agreed to hear a challenge to the "Defense of Marriage Act” which provides that same-sex marriages are not recognized for purposes of federal law.
Attorney General Eric Schneiderman filed a brief in this case with Vermont and Connecticut arguing that Defense of Marriage Act violates same-sex couples’ right to equal protection under the U.S. Constitution.
It should be more closely scrutinized because it constitutes a sweeping intrusion into the states’ regulation of marriage.
On October 18, the United States Court of Appeals for the second circuit in New York ruled that Section 3 of the act is unconstitutional because it discriminates against married same-sex couples.