Federal Judge: Gay Marriage Ban Unconstitutional

[formerlurker]

Federal Judge: Gay Marriage Ban Unconstitutional   [Daniel Foster]
A federal judge in Boston has ruled that the federal Defense of Marriage Act (DOMA) is unconstitutional because it violates states rights to define covenants.

U.S. District Judge Joseph Tauro on Thursday ruled in favor of gay couples' rights in two separate challenges to the 1996 Defense of Marriage Act.

The state had argued the law denied benefits such as Medicaid to gay married couples in Massachusetts, where same-sex unions have been legal since 2004.

Tauro agreed, and said the act forces Massachusetts to discriminate against its own citizens.

The Justice Department argued the federal government has the right to set eligibility requirements for federal benefits — including requiring that those benefits only go to couples in marriages between a man and a woman.

http://corner.nationalreview.com/


Link to Decision:

http://www.scribd.com/doc/34073588/Decision-in-Gill-v-OPM


This one is explosive, and will be an extremely important decision made by SCOTUS.     

[thundley4]

I wonder how this will affect the states that have passed similar laws.

[formerlurker]

I wonder how this will affect the states that have passed similar laws.

It is advocating for state's rights.   The court is claiming that since MA says it is ok for gay couples to marry, then that should be the defining factor for federal benefits and not the DOMA legislation. 

I think the position of this court is weak, and SCOTUS will overturn it.  However getting to that point will be quite explosive.