New York City’s Law Department will argue that Judge Barbara Jones (See Profile) made the correct decision when she ruled June 6 that the Defense of Marriage Act was unconstitutional because it discriminates against same-sex couples who marry by denying them benefits afforded married heterosexuals. Mayor Michael Bloomberg and City Council Speaker Christine Quinn said June 20 that the city would file an amicus brief with the U.S. Court of Appeals for the Second Circuit opposing an appeal of Judge Jones ruling by Republican congressional leaders.
In Windsor v. United States, 10-cv-08435, Judge Jones held that Section 3 of the act, defining marriage solely as the union between one man and one woman, violates the U.S. Constitution’s equal protection clause (NYLJ, June 7). Notice of Appeal by the Bipartisan Legal Advisory Group of the U.S. House of Representatives was filed June 8. The case at the circuit is Windsor v. United States, 12-2435.
