NYCLA Supports Challenge to Defense of Marriage Act
New York, NY – September 7, 2012 – The New York County Lawyers’ Association (NYCLA) has signed onto an amicus brief prepared by Lambda Legal Defense that was filed today in the Second Circuit Court of Appeals supporting the American Civil Liberties Union/New York Civil Liberties Union challenge to the Defense of Marriage Act (DOMA), a federal law that prohibits the federal government from recognizing same-sex marriage.NYCLA President Stewart D. Aaron stated, “Nine years ago, NYCLA adopted a resolution endorsing full equal civil marriage rights, state and federal, for same-sex couples. Since then, NYCLA has been steadfast in support of these important rights and is proud to join in the amicus brief in the Second Circuit.”
The amicus brief is in support of the case of Windsor v. United States, where a federal judge ruled that a critical section of DOMA unconstitutionally discriminates against married same-sex couples. The June 6, 2012 decision joins four other federal courts that have struck down DOMA under the Constitution.
Although the District Court ruled that DOMA is unconstitutional, the Court did not specifically address the level of judicial scrutiny to be applied to classifications based on sexual orientation. The amicus brief argues that government classifications based on sexual orientation must be subjected to heightened scrutiny, as are classifications based on race, sex, illegitimacy, religion, alienage and national origin.
“By signing onto this amicus brief, NYCLA hopes to further the discussion around DOMA,” said Briana Denney, Co-Chair of NYCLA’s Matrimonial Law Section. “In addition, by supporting this challenge to the Defense of Marriage Act, NYCLA aims to aid in the transformation of laws that will deliver further rights to the LGBT community.”
About the New York County Lawyers’ AssociationThe New York County Lawyers' Association (www.nycla.org) was founded in 1908 as the first major bar association in the country that admitted members without regard to race, ethnicity, religion or gender. Since its inception, it has pioneered some of the most far-reaching and tangible reforms in American jurisprudence and has continuously played an active role in legal developments and public policy. # # #