Interesting news from Boston.
In an enormous victory for same-sex marriage, a federal judge in Boston today (Thursday, July 8) ruled, in two separate cases, that a critical part of the federal Defense of Marriage Act (DOMA) unconstitutional.
In one challenge brought by the state of Massachusetts, Judge Joseph Tauro ruled that Congress violated the Tenth Amendment to the U.S. Constitution when it passed DOMA and took from the states decisions concerning which couples can be considered married. In the other, Gill v. Office of Personnel Management, he ruled DOMA violates the equal protection principles embodied in the Due Process Clause of the Fifth Amendment.
In Commonwealth of Massachusetts v. Health and Human Services, Tauro considered whether the federal law's definition of marriage — one man and one woman — violates state sovereignty by treating some couples with Massachusetts' marriage licenses differently than others. In Gill v. Office of Personnel Management, Gay & Lesbian Advocates & Defenders (GLAD), a gay legal group, asked Tauro to consider whether DOMA violates the right of eight same-sex couples to equal protection of the law. Both cases were argued, separately, in May, and the decision released today is a relatively quick turnaround, given that some judges take almost a year to decide cases.
Fascinating turn of events. First, a victory for State's rights which will please the rightwingers, but the topic isn't very palatable to them. Second, a victory for LGBT families who will now be able to access federal benefits previously denied to legally wed same sex couples. From the NYT.
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