New York attorney general challenges Defense of Marriage Act
July 26th, 2011
04:22 PM ET
3 years ago

New York attorney general challenges Defense of Marriage Act

NEW YORK (CNN) - In court documents filed Tuesday, New York Attorney General Eric T. Schneiderman challenged the constitutionality of the federal Defense of Marriage Act in the U.S. District Court for the Southern District of New York.

The controversial legislation, often called DOMA, defines marriage for federal purposes as unions only between a man and woman, and excludes same-sex unions, even those valid under state law. According to a news release from the DA's office, the filings come as part of the ongoing case of Windsor v. United States and call for the court to acknowledge Schneiderman's assertion that DOMA violates same-sex couples' constitutional right to equal protection under the law.

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Filed under: New York • Same-sex marriage
soundoff (7 Responses)
  1. The Day of Financial Reckoning is HERE - The Great Democrat Welfare Society Ends

    Great use of New York tax payer money... Of course we want to make sure all the lawyers in this country have a job! This country is soooo screwed.

    July 26, 2011 04:45 pm at 4:45 pm |
  2. gt

    more decay

    July 26, 2011 05:17 pm at 5:17 pm |
  3. Darko

    They have equal protection. Any person in the US can get married. They just have to marry of the opposite sex. Else it is not marriage. You can't redefine marriage. If you want gay marriage, call it something else and give them the same rights. End of story. Every attempt to redefine 'marriage' is just another attempt of the gay community to make their lifestyles 'normal'. Half want to be a protected class and the other wants to be normal. Can't have it both ways.

    July 26, 2011 05:28 pm at 5:28 pm |
  4. keywest

    Cuomo will never be the USA president. May be the mayor of S. Francisco

    July 27, 2011 12:20 am at 12:20 am |
  5. Peter s

    It’s true that, human dignity lies with our capacity to pursue our own good as we see fit-provided we do not interfere with another person’s pursuit of her or his own good, not adhering to any particular sexual morality. Sex between two consenting adults is a private matter, and private matters are matters of individual conscience. However, we can’t totally ignore certain facts such as, (a) everything in nature has a purpose, (b), and everything in nature has an essential nature i.e. certain features that constitute its defining features. (c), everything in nature has its proper good and (d), something’s natural purpose, its essential nature, and its proper good are intimately related. Therefore, human love does not stop at romantic love; it naturally evolves into parental love. That is, true human love is made complete by love for the children produced by that love. These facts about human sexuality are what set it apart from mere animal sexuality. They are more what makes it more valuable. Equally important, they are what give human sex and sexual relationships their special dignity Comprede ?.

    July 27, 2011 01:54 am at 1:54 am |
  6. J.V.hodgson

    For me the problem is that The US Fedral government ever felt this legislation was needed to defend an institution or idea promoted by multiple religions ( Emphasis RELIGIONS) worldwide and that was a union beteween a man and woman for procreation purposes ( any religion incidentally).
    However any bible, religious book or religion clearly recognises Gays lesbians as people who exist and have various ideas of punishment or not, some of which are extremely barbaric and generally not tolerated in the 21st century.
    So the points are America wise:
    Religion and politics should not mix and this legislation mixes them.
    The next point is discrimination.
    I do not want them to have thier social union called a marriage but a civil union.
    That civil union bars discrimination of any kind against them and they have the same right as married couples to any state or federal benefits, or legal protections.
    For me they have chosen a lifestyle that without 21st century science, they cannot naturally pro create other than in an adulterous way (illegal already) QED the question of children including adoption of children is a non sequitor.
    But gays Lesbians transvestites whatever will be with us forever. My values are tolerance and acceptance of what you can Naturally physically do without scientific intervention, now or in future. Bigamy and adultery are crimes already.Thats enough.
    Regards,
    Hodgson.

    July 27, 2011 02:16 am at 2:16 am |
  7. J.V.hodgson

    PS for married couples (my definition) fertility drugs, Ok artificial insemination husband to wife OK. beyond that stop please especially surrogate mothers and sperm banks. In those marriages where that does not work then adopt please.
    Regards,
    Hodgson.

    July 27, 2011 02:21 am at 2:21 am |