The lawsuit, Windsor v. United States, argues that DOMA violates same-sex couples’ right to equal protection under the law as required by the U.S. Constitution.
The federal Defense of Marriage Act clearly violates the principle of equal justice under law as enshrined in the U.S. Constitution and improperly intrudes on the traditional role of states in defining marriage,” Schneiderman said. “The State of New York has long recognized out-of-state, same-sex marriages and the enactment of the Marriage Equality Act further cements our state’s position on this critical civil rights issue.”
Schneiderman had pledged to work to overturn DOMA during the 2010 campaign, but has been fairly quiet as the issue winded its way through Albany. On Sunday, he was not at any of the celebrations around town hailing the legalization of same-sex marriage.