New York ( CNN ) -- A federal appeals court in New York became the nation 's second to strike down the Defense of Marriage Act , finding that the Clinton-era law 's denial of federal benefits to married same-sex couples is unconstitutional . The divisive act , which was passed in 1996 , bars federal recognition of such marriages and says other states can not be forced to recognize them . Read the ruling ( PDF ) The 2nd U.S . Circuit Court of Appeals determined Thursday that the federal law violates the Constitution 's equal protection clause , ruling in favor of widow Edith Windsor , an 83-year-old lesbian who sued the federal government for charging her more than $ 363,000 in estate taxes after being denied the benefit of spousal deductions . The court upheld a lower court 's decision in a 2-1 majority ruling and determined that America 's gay population `` has suffered a history of discrimination '' similar to that faced by women in years past . `` What I 'm feeling is elated , '' said Windsor . `` Did I ever think it could come to be , altogether ? ... Not a chance in hell . '' Victory for Windsor , years after her longtime partner 's death . The case centered on the money Windsor wanted back , but it raised the more looming question of whether the federal government can continue to ignore a state 's recognition of her marriage and financially penalize her as a result . Timeline : Same-sex marriage . `` Homosexuals are not in a position to adequately protect themselves from the discriminatory wishes of the majoritarian public , '' wrote Dennis Jacobs , a conservative judge in New York . A federal appeals court in Boston made a similar ruling in May , but the moves are considered largely symbolic as the issue is expected to eventually be taken up by the U.S. Supreme Court . Man tells senators : Defense of Marriage Act cost me my home . `` This court has a limited jurisdiction , '' CNN legal analyst Paul Callan said . `` But this is a very favorable decision for those who believe that the Defense of Marriage ( Act ) unconstitutionally discriminates against same-sex couples . '' Those who back striking down the law `` believe this decision will give them a very strong position arguing before the U.S. Supreme Court in the future , '' he said . New York Gov . Andrew Cuomo also weighed in on the three-judge-panel 's decision , saying it `` provides further momentum for national progress on this important civil rights issue . '' Boston appeals court rules Defense of Marriage Act unconstitutional . In February , the Obama administration ordered the Justice Department to stop defending the constitutionality of the law , though a GOP-backed group has since taken up the issue in courts across the country . Massachusetts , Connecticut , Iowa , Vermont , New Hampshire , New York and the District of Columbia issue marriage licenses to same-sex couples . Maryland , Washington , Maine and Minnesota are voting on the issue in November referendums . Five states -- Delaware , Hawaii , Illinois , New Jersey and Rhode Island -- allow civil unions that provide rights similar to marriage . Thursday 's ruling was celebrated by many top Democrats , including House Minority Leader Nancy Pelosi , gay and civil rights advocacy groups such as GLAAD and the ACLU , and former New Mexico Gov . Gary Johnson , the Libertarian Party 's presidential nominee . Others criticized the ruling , including National Organization for Marriage President Brian Brown . He said 32 states have , by popular vote , backed a traditional definition of marriage being between a man and a woman and expressed hope the Supreme Court will decide the matter . `` This is yet another example of judicial activism and elite judges imposing their views on the American people , and further demonstrates why it is imperative for the U.S. Supreme Court to ( act ) , '' Brown said . For her part , Windsor said she wants Thursday 's decision to be `` part of the beginning of the end '' so that married homosexual couples someday will be viewed the same as heterosexual ones in the government 's eyes . And she wants the entire issue of a person 's sexual orientation to soon become a nonissue when it comes to marriage in American society . `` My sincere hope is that ( it will be irrelevant ) in my lifetime , '' Windsor said . Bloomberg taps fortune to back Maryland 's gay marriage vote . Polls : Majority favor same-sex marriage in Maryland . When football , same-sex marriage and politics collide . CNN 's Greg Botelho and Mark Norman contributed to this report .
NEW : Gay rights ' backers laud the ruling ; a conservative leader says it is `` judicial activism '' A U.S. appeals court rules the federal law defining marriage is unconstitutional . The decision was issued by an 11-judge panel of the 9th Circuit Court in San Francisco on Friday, and will be heard next week at the Supreme Court. `` What I 'm feeling is elated , '' says the 83-year-old lesbian at the center of the case .