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The United States Court of Appeals for the Second Circuit, based in New York, has just issued its decision in Windsor v. United States

The Court, in a 2 to 1 decision, has ruled the Orwellian-titled Defense of Marriage Act (DOMA) to be unconstitutional.

More below the orange squiggly thing

The Court rejected several procedural arguments before getting to the meat of the decision.  The Court first found that homosexuality is a suspect classification, so that laws disadvantaging homosexuals must survive heightened scrutiny.  In other words, their must be a substantial relationship between the law's rationale and its effect on the suspect classification.  The Court then reviewed the various rationales presented by Congress, and rejected them.  Thus, the Court found DOMA to violate the equal protection clause.

Please note:

I tried to link to the opinion, but was unable to.  Here's the link to the Second Circuit's website

UPDATE:  Here's the link to the decision

Originally posted to AJPIII on Thu Oct 18, 2012 at 08:58 AM PDT.

Also republished by Angry Gays, Milk Men And Women, Good News, Kossacks for Marriage Equality, and Military Community Members of Daily Kos.

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