In all of my emotion and being completely overwhelmed by the Oscar Grant trial, I forgot to post extremely good news.
From the Washington Post (which is an AP article), “Federal Bay on Gay Marriages is Unconstitutional, judge says.”
A U.S. judge ruled Thursday that a federal ban on same-sex marriages is unconstitutional because it interferes with a state’s right to define marriage.
U.S. District Judge Joseph Tauro’s ruling came in two challenges to the 1996 Defense of Marriage Act, known as DOMA.
Massachusetts said the law denied benefits such as Medicaid to gay married couples in the state, where same-sex unions have been legal since 2004.
Tauro agreed, saying the act forces Massachusetts to discriminate against its citizens. The act “plainly encroaches” upon the right of the state to determine marriage, the judge said.
In a separate case, Tauro ruled that the act violates the equal protection clause of the U.S. Constitution.
Although his rulings apply only to Massachusetts, they could have broader implications for other states in which same-sex marriage is legal if they are upheld on appeal.
DOMA is a terrible piece of legislation. And it’s stupid and hateful. This is one of those moments when the judiciary needs to check the legislative. And I love that the judge used the 10th amendment of the US Constitution to do it because conservatives LOVE that amendment. It’s right up there with #2.
More articles of interest:
- From the Washington Post, “Amid rulings on same-sex marriage, Proposition 8 case could have larger effect”
- From someone at Citizenlink who loves “traditional” marriage, “Activist Massachusetts Judge Chips Away at the Defense of Marriage Act”
- The Atlantic, “Why the Tea Partiers Should Oppose DOMA”
- Shakesville, “DOMA Goes Down in Massachusetts”
- Feministing, “Boston judge rules federal gay marriage ban unconstitutional”