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A federal appeals court in Boston has ruled the core of the defence of Marriage Act is unconstitutional.The First Circuit Court of Appeals takes issue with the act’s caveat that married same-sex couples are not eligible for the same federal benefits as heterosexual couples, the Associated Press reported.
The ruling comes on the heels of a setback in the Obama Administration’s fight against DOMA.
Earlier this week the Ninth Circuit Court decided the administration’s fight against the act must be heard by a three-judge panel.
That decision makes it harder for Obama since the three-judge panel is bound by a precedent that stipulates laws treating gays and lesbians differently from heterosexuals can be upheld if they satisfy the “rational bias” review, SCOTUSblog reported. That standard is the easiest constitutional standard to meet.
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