May 31, 2012

Breaking: Federal Appeals Court Finds the Key Component of DOMA Unconstitutional

Awesome! The Boston Federal Appeals Court declared today that Section Three of the Defense Of Marriage Act is unconstitutional.

From AP News:
 
BOSTON (AP) -- A federal appeals court Thursday declared that the Defense of Marriage Act unconstitutionally denies federal benefits to married gay couples, a ruling all but certain to wind up before the U.S. Supreme Court.
In its unanimous ruling, the three-judge panel of the 1st U.S. Circuit Court of Appeals in Boston said the 1996 law that defines marriage as a union between a man and a woman discriminates against gay couples because it doesn't give them the same rights and privileges as heterosexual couples.
The court didn't rule on the law's other politically combustible provision, which said states without same-sex marriage cannot be forced to recognize gay unions performed in states where it's legal. It also wasn't asked to address whether gay couples have a constitutional right to marry.

And here's part of the ruling via Metro Weekly:


[M]any Americans believe that marriage is the union of a man and a woman, and most Americans live in states where that is the law today. One virtue of federalism is that it permits this diversity of governance based on local choice, but this applies as well to the states that have chosen to legalize same-sex marriage. Under current Supreme Court authority, Congress' denial of federal benefits to same-sex couples lawfully married in Massachusetts has not been adequately supported by any permissible federal interest.

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