Two huge wins for equality. In two separate cases, a federal judge in Boston ruled a significant part of the Defense of Marriage Act (DOMA) unconstitutional. U.S. District Judge Joseph Tauro ruled Section 3, which prohibits the federal government from recognizing same-sex marriage and denies all federal rights and protections to same-sex couples, violated the 10th and 5th Amendments.
The first case was brought by the state of Massachusetts. In Commonwealth of Massachusetts v. Health and Human Services, Judge Tauro ruled that Congress violated the Tenth Amendment when it passed DOMA in 1996 because it interferes with a state's right to define marriage. The second case, Gill v. Office of Personnel Management, was brought by Boston-based Gay & Lesbian Advocates and Defenders (GLAD). Tauro ruled that DOMA violates the Fifth Amendment's Equal protection clause.
Tauro was appointed in 1972 by the Nixon Administration. The full opinions are HERE.
Massachusetts was brought by attorney general and one-time senate candidate Martha Coakley. The final paragraph in Tauro's decision is worth noting:
This court has determined that it is clearly within the authority of the Commonwealth to recognize same-sex marriages among its residents, and to afford those individuals in same-sex marriages any benefits, rights, and privileges to which they are entitled by virtue of their marital status. 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. For that reason, the statute is invalid.
The federal government—the Obama Administration, the Department of Justice, the Department of Health and Human Services and the Office of Personnel Management—lost these cases. It will be very interesting to watch their response—especially that of OPM, which is headed by John Berry, the highest-ranking openly gay manin the Obama Administration. Will they drop the cases and say a federal judge forced their hand? Or will the Administration appeal to "uphold the law" because "it's their job"?
This is fantastic!
DOMA will be struck down in my lifetime!
I'll make sure of that!
Posted by: MW09 | 08 July 2010 at 18:15
they'll appeal and have some sort of lame reason why it's necessary to appeal claiming they don't really want to nor support the unconstitutionality of the Act. blah blah blah.
Posted by: Faison | 08 July 2010 at 19:28
Judicial Activism: 1
Judicial Bigotry: 0
I particularly like what he wrote in his opinion:
"To further divide the class of married individuals into those with spouses of the same sex and those with spouses of the opposite sex is to create a distinction without meaning."
Posted by: Anti-Intellect | 08 July 2010 at 20:23
Wow. 40 or 50 comments on Tyler Perry and only 2 or 3 on this. Hundreds of comments on this at the other gay blogs and the silence here is deafening. I guess everyone here knows what is going to happen.
Posted by: Greg G | 08 July 2010 at 22:53
OK, the President said he had to follow the law when it comes to DOMA and DADT. Now that a portion has been declared Unconstitutional, with the DOJ now ACTIVELY pursue this or let it stand. This is where we will see the hypocrisy should they decide to appeal.
How many want to bet that DOJ will appeal because this is an election season and they are afraid of the right.
The government is under NO obligation to appeal something declared unconstitutional but of course they will because Democrats don't want this issue this year. Or next, or in 2012 or in 2016.
And yes, I would assume that's why it's so quiet here because most of us can see how this will play out. And it's total bullcrap because Obama claims to be againsty DOMA but Congress and Obama (or any Dem president) won't repeal DOMA anytime soon and our only hope is in the courts. But of course the White House will keep fighting any DOMA lawsuit, especially these two because they are such strong cases.
Posted by: Talarico | 08 July 2010 at 23:12
i'm not sure about how this is appealed or what happens next but its a good day to be gay!
Posted by: Georgia Peach | 08 July 2010 at 23:28
SUCK ON THIS LINDA (CLOSET LESBO) LINGLE
Posted by: DEON | 08 July 2010 at 23:40
hooray!
Posted by: Freeman | 09 July 2010 at 00:15
This will set up an interesting scenario: Obama the Constitutional scholar vs. Obama the politician, with the midterm election in the balance. It's going to be quite a summer, especially if a higher federal court upholds Tauro's decision.
Posted by: Nathan James | 09 July 2010 at 10:58