U.S. Judge Rules Federal Gay Marriage Ban Unconstitutional
The federal law banning gay marriage is unconstitutional because it interferes with the right of a state to define the institution and therefore denies married gay couples some federal benefits, a federal judge ruled Thursday in Boston.
U.S. District Judge Joseph ruled in favor of gay couples' rights in two separate challenges to the Defense of Marriage Act, known as DOMA, a 1996 law that the Obama administration has argued for repealing. The rulings apply to Massachusetts but could have broader implications if they're upheld on appeal.
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 in order to be eligible for federal funding in federal-state partnerships.
The act "plainly encroaches" upon the right of the state to determine marriage, Tauro said in his ruling on a lawsuit filed by state Attorney General Martha Coakley. In a ruling in a separate case filed by Gays & Lesbian Advocates & Defenders, Tauro ruled the act violates the equal protection clause of the U.S. Constitution.
FOXNews.com - U.S. Judge Rules Federal Gay Marriage Ban Unconstitutional
Liberals have been saying this for a very long time.. Nice to see that the law is starting to listen.. Interesting that they used the 10th amendment to make this ruling.. Conservatives have been screaming for decades about state rights.. Especially states like Texas.. Well.. It is about damn time that amendment was used against them about an issue they do not like..
I am happy for this ruling!! We shouldn't be descriminating against our own people on any issue..