The U.S. Court of Appeals for the Ninth Circuit is expected to issue a ruling tomorrow which may declare the Defense of Marriage Act (DOMA) unconstitutional. The Appeals Court is located in San Francisco.
According to the American Bar Association Journal website, the ruling will be issued as part of decision in a employment dispute resolution.
From the ABAJournal.com story:
Judge Stephen Reinhardt and Chief Judge Alex Kozinski issued the orders as hearing officers for circuit employee disputes, the Daily Journal reports (sub. req.). Reinhardt’s order declared the federal Defense of Marriage Act is unconstitutional, while Kozinski’s order didn’t reach the “hard question” of the statute’s constitutionality. Instead, he said ambiguous language in a federal health benefits act allowed him to order benefits, the story says.
The news comes after California’s Supreme Court announced it will hear oral arguments on the Constitutionality of the anti-gay marriage amendment Proposal 8. The proposal passed with the approval of 52 percent of California voters. The proposal was put on the ballot in Nov. in response to a California Supreme Court ruling that legalized gay marriage.
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