defense of marriage act
Judge: US federal gay marriage ban unconstitutional
In a step forward for marriage equality, a United States judge in Boston ruled—in two separate cases—that the Defense of Marriage Act (DOMA) is unconstitutional.
According to AP, in one case, Joseph Tauro, Massachusetts district judge, ruled that Congress violated the constitution when it passed DOMA, as it interferes with the state’s right to define marriage.
He said that the act forces Massachusetts to discriminate against its citizens.
“In the wake of DOMA, it is only sexual orientation that differentiates a married couple entitled to federal marriage-based benefits from one not so entitled, and this court can conceive of no way in which such a difference might be relevant to the provision of the benefits at issue.”
In another case filed by Gays & Lesbian Advocates & Defenders, Tauro ruled that DOMA violates the equal protection clause of the U.S. Constitution.
