The US Court of Appeals for the Second Circuit ruled that a section of the Defence of Marriage Act – passed under the Clinton administration in 1996 – breached the right to equal protection under the law, according to a report in the New York Law Journal.

Estate tax

The case was brought by Edith Schlain, who challenged the law on the grounds that it discriminated against her following the death of her lesbian partner. She and Thea Spyer were married in a 2007 ceremony that was recognised by New York State four years later; however, that status was not acknowledged by federal law for the purposes of marriage exemption from estate tax.  
Ms Schlain was represented by Roberta Kaplan of New York-based law firm Paul Weiss Rifkind Wharton & Garrison along with James Esseks of the American Civil Liberties Union. According to the report, Ms Kaplan argued that the federal law had damaged ‘the lives of thousands of American families’.

Dissenting opinion

In a dissenting opinion, Judge Chester Straub argued that any change to the definition of marriage should be achieved through legislation and not case law. Echoing Judge Straub’s position was Brian Brown of the National Organisation for Marriage, who is reported by the Journal as saying the ruling was ‘yet another example of judicial activism and elite judges imposing their views on the American people’.
Since implementation, former president Bill Clinton has argued for the act’s repeal. And last year, the Obama’s administration informed congress mid-way through the Schlain case that it would no longer defend the legislation in court, although it would continue to uphold the law.
Yesterday’s ruling won support from New York Attorney General Eric Scheiderman, New York City Mayor, Michael Bloomberg, the New York City Bar and New York State Bar Association.