New York appeals court strikes down DOMA - CNN.com The long and the short of their decision is that DOMA violates the 14th amendment, which is exactly correct. DOMA is unequal protection of the laws, granting special privileges to opposite-sex couples and withholding them from same-sex couples. A same-sex married couple cannot file a federal married tax return, nor can a same-sex spouse collect Social Security death benefits, nor can they exercise a myriad of other privileges extended to opposite-sex couples. So, either remove the marriage privileges that are currently granted only to opposite-sex couples, or grant them to same-sex and opposite-sex couples alike. There is no rational objection anyone can raise to granting the privilege of a married tax return to same-sex couples. There is no rational objection anyone can raise to granting Social Security death benefits to same-sex couples. No societal harm arises from these activities. .