Petitioner’s attorney has asked the Court to review the constitutionality of the Defense of Marriage Act (DOMA), according to the July 17th, 2012 edition of the New York Law Journal. DOMA, passed in 1996, defines marriage as a legal union between a man and a woman.  It says that a state does not have to recognize the same sex marriage of another state.  The law states that the spouse of a same sex couple is not entitled to the money in federal estate taxes by this definition of marriage.  A District Judge held in June, that DOMA violates the equal protection clause of the Constitution, as benefits, such as those on federal tax, that are provided to heterosexual couples are not available to homosexual couples.

The Republican majority in the U.S. House of Representatives is appealing this decision. And oral arguments are scheduled to take place the week of September 24th at the U.S. Court of Appeals for the Second Circuit. The Republicans also say that certiorari before the judgment of at the Court of Appeals is appropriate because the constitutionality of DOMA has already received so much attention in lower courts, which are now in “substantial disarray”.

Jayson Lutzky has been a practicing New York attorney for over 29 years. He is experienced in getting the best results for his clients who are facing family law issues such as divorces, child custody, and child support issues. If you are facing a family law issue, then contact our law office or visit our website at To setup a free initial consultation or call 1-800-660-LAWYER or 1-800-660-5299.