Judge rules Federal gay marriage ban unconstitutional

In a victory for gay rights in the United States, a U.S. district court judge in Massachusetts has ruled that a federal ban on same-sex marriage is unconstitutional.

Judge Joseph Tauro in Boston ruled in favor of gay couples’ rights in two separate challenges to the 1996 Defense of Marriage Act, known as DOMA, arguing that the law interferes with the right of states to define marriage.

Massachusetts had argued DOMA denied benefits to same-sex couples in the state, where such unions have been legal since 2004. Four other states — Vermont, New Hampshire, Connecticut and Iowa — also allow same-sex marriage, as does Washington, D.C.

Tauro agreed with the state’s argument and said DOMA forces Massachusetts to discriminate against its own citizens.

“The federal government, by enacting and enforcing DOMA, plainly encroaches upon the firmly entrenched province of the state, and in doing so, offends the Tenth Amendment,” Tauro said. “For that reason, the statute is invalid.”

The Tenth Amendment of the U.S. Constitution says: “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”

The Justice Department argued the federal government can determine eligibility requirements for federal benefits, including requiring that those benefits go only to couples in marriages between a man and a woman…

In a second case, filed by civil rights group Gays & Lesbian Advocates & Defenders (GLAD), Tauro ruled that DOMA violates the Constitution’s equal protection clause.

Under the ruling, the plaintiffs — seven married same-sex couples and three widowers from Massachusetts — would be entitled to the same federal spousal benefits and protections as opposite-sex married couples…

Congress enacted DOMA when it seemed that Hawaii was on the verge of legalizing gay marriage, and opponents feared that the movement would become a nationwide trend. States allowing same sex marriage are still a small minority.

A flock of not-very-brave politicians in Congress. Today as in the past.

They haven’t the perception to challenge the past or the courage to lead the way to the future.

2 thoughts on “Judge rules Federal gay marriage ban unconstitutional

  1. moss says:


    Our state legislature is populated with the sort of cretins who pass laws like these. Fortunately, there are a few folks – mostly up here in northern NM – with principles requiring them to represent all the people. Instead of the most backwards.

  2. Mr. Fusion says:


    I’m hoping the Obama Administration doesn’t appeal the decision. I don’t have the same amount of faith the Supreme Court understands the 10th Amendment.

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