On 18 October , The New York Second Court of Appeal, in Windsor v USA, struck down as unconstitutional part of the Defence of Marriage Act (DOMA) which defines marriage as being only between one man and one woman. The DOMA was passed in 1996. Since then, six states have legalized same-sex marriage but, because of the 1996 law, the federal government does not recognise same-sex marriages performed in those states. The 2-1 decision also found that gays and lesbians are entitled to heightened protection from the courts, based on the history of discrimination the group has suffered.
This is the second time in five months that a federal appeals court has struck down the DOMA on constitutional grounds. Bulletin readers will remember that a Boston court unanimously ruled against DOMA in May this year. A US legal blog, SCOTUSblog, says that it is likely that the issue of same sex marriage will come before the US Supreme Court in the coming months.
Click here to read a SCOTUSblog article and a BBC News article.
Meanwhile in Irish news, on 4 October 2012, PILA and Marriage Equality Ireland held a seminar to coincide with the International Bar Association Conference. Speaking on marriage equality were R. Douglas Elliott LSM and Justine Quinn BL. Click here to view a PILA press release on the event.
In other news, the International Gay and Lesbian Association’s annual European conference was held in Dublin from 18 – 21 of October. Mr Nils Muiznieks, Human Rights Commissioner for the Council of Europe, met transgender woman Lydia Foy at the conference and noted that she was still waiting for recognition of her female gender identity after litigation lasting over a decade. The Free Legal Aid Centre’s (FLAC’s) Senior Solicitor Michael Farrell represents Ms Foy in her legal action. Click here to read a blog article by Mr. Farrell on the Foy case.
Finally, in UK news concerning LGBT rights, a UK High Court has ruled that the actions of a bed & breakfast owner, who did not allow a same sex couple to share a double room, were unlawful. Click here to read a newspaper article and an article from the UK Human Rights Blog.