NY Appeals Court: DOMA Is Unconstitutional Second court to dump ban on gay marriage as issue heads toward Supreme Court By Newser Editors and Wire Services Posted Oct 18, 2012 11:49 AM CDT 121 comments Comments In this June 23, 2009 file photo, Keegan O'Brien of Worcester, Mass., leads chants as members of the LGBT community protest the Defense of Marriage Act. (AP Photo/Elise Amendola, File) (Newser) – A federal appeals court in Manhattan has become the second in the US to strike down the Defense of Marriage Act as unconstitutional. The 2nd US Circuit Court of Appeals issued its ruling today. The decision upholds a lower court judge who ruled that the 1996 law that defines marriage as involving a man and a woman was unconstitutional. The three-judge panel says the law violates equal protection. A federal appeals court in Boston earlier this year also found it unconstitutional. The issue is expected to be decided by the Supreme Court.