On May 31, 2012, in a unanimous decision, a three-judge panel of the Ist Circuit of the US Court of Appeals ruled that the federal Defense of Marriage Act (DOMA) is unconstitutional.
The issue before the court was whether legally married same-sex partners can be denied federal benefits by DOMA, when those benefits (such as the privilege to file joint tax returns, survivors benefits) are available to differently gendered married couples.
The judges concluded that the legislative record on DOMA is “filled with encomia to heterosexual marriage,” but there is lacking any explanation “how denying benefits to same-sex couples will reinforce heterosexual marriage.”
The judicial decision concluded that it is not enough to express "moral disapproval" to justify discrimination. Rather, a discriminatory law must be justified by the demonstration of a permissible and compelling federal interest. The judges found that there is no such federal interest served by denying benefits to married, same-sex couples.
In striking down DOMA, this panel concluded:
“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.”IST CIR DECISION
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