Today, the Appellate Court for the 1st Circuit (Massachusetts) ruled that certain provisions of the federal Defense of Marriage Act (DOMA) violated the US Constitution's Equal Protection Clause (). While this is clearly a victory for advocates of marriage equality, it is not the absolute victory that they might have hoped for. Essentially, this court, led by two conservatives and one moderate, ruled that where a state made same sex marriages legal, such as in Massachusetts, it is a violation of the Equal Protection Clause of the US Constitution to deny those couples federal rights, such as the right to file joint tax returns (and the financial benefit that confers) and social security survivor benefits.
Because the appellate ruling was specifically limited to situations where a state has made same sex marriage legal (currently six states: Connecticut, Iowa, Massachusetts, New Hampshire, New York, and Vermont, plus Washington DC), this ruling has narrow applicability. It does, however, set a president for the possible overturning of the law in its entirety.
Until the US Supreme Court ultimately rules on this case (which is likely to be appealed by foes of marriage equality) and the recent 9th Circuit ruling on California's Prop 8, the law in this area will continue to be foggy but groups on both sides of this issue continue to hope that the ultimate ruling with favor their position.
Hi,
ReplyDeleteIf a state or appellate court makes a ruling, do the district courts have to follow that ruling on precedent?
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Federal District and Appellate Courts are required to follow precedent where it exists, just as state courts are required to do. That said, Federal Courts are not bound by precedent of state courts where the Federal Court makes a ruling on a Federal Issue.
DeleteIn this instance, I believe that the Federal issue (violation of the US Constitution's Equal Protection Clause by DOMA) is one of first impression (it has never been ruled on before by the 1st Circuit) and as such, there is no precedent. Rulings by other circuits are not binding on the 1st Circuit, nor are state decisions (even State Supreme Courts) as their rulings are no state issues (i.e. is DOMA a violation of Massachusetts' State Constitution). The only ruling which is binding upon all Federal Courts (at every level) is a ruling from the US Supreme Court.
In a civil case either facet could attractiveness the decision. during a criminal case, the litigator could attractiveness a guilty finding of fact, however the govt might not attractiveness if a litigator is found clean-handed. Either facet during a criminal case could attractiveness with relevancy the sentence that's obligatory when a guilty finding of fact.
ReplyDeleteThanks&Regard's
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