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Amended Judgment and Stay Entered in Mass. DOMA Ruling

Two quick  updates on last month's landmark rulings by a federal judge in Boston that found Section Three of the Defense of Marriage Act is unconstitutional. Section Three prohibits federal recognition of same-sex couples and denies all federal benefits, such as Social Security and health care.

  U.S. District Judge Joseph L. Tauro issued an amended judgment in Gill v. Office of Personnel Management, the challenge filed by Boston-based Gay & Lesbian Advocates & Defenders.

Simultaneously, a 60-day stay was issued pending any appeal by the government to the U.S. Court of Appeals for the First Circuit. The Department of Justice now has 60 days to decide whether to appeal and is expected to do so. 

GLAD did not oppose DOJ's request for a stay pending appeal because it wants the "certainty of knowing that their Social Security payments, health insurance costs, or tax refunds are not potentially subject to repayment." And the organization ultimately wants "clarity for married same-sex couples around the country," says GLAD's Mary L. Bonauto. "We are more than ready to deal with an appeal. We have confidence in the strength and justice of our case."

Judge Tauro also ruled in Massachusetts v. Health and Human Services—brought by Massachusetts AG Martha Coakley—that DOMA was unconstitutional. The full opinions are HERE.

Gill was filed in March 2009 and is considered by many to be one of the best—if not the best—surgical challenge to DOMA. GLAD also won the Goodridge case that mandated marriage equality in Massachusetts.

WATCH: Mass. AG Martha Coakley on "Maddow" and DOMA Ruling

Chris Hayes sat in for Rachel Maddow on last night's The Rachel Maddow Show and delivered a fantastic segment on the bombshell rulings on the Defense of Marriage Act. One of his guests was Massachusetts Attorney General Martha Coakley, who filed one of two federal lawsuits challenging DOMA. That suit, Massachusetts v. Health and Human Services, was filed exactly one year ago.

Said the attorney general: "We're delighted that we don't have to keep a separate set of books for federal benefits that come in through the state. And that includes everything from Social Security to medical benefits, how you file your taxes. There are over 1100 benefits in which the federal government treats married people differently."

And: "It is a burden on Massachusetts to keep two sets of laws. For some purposes you're married under our law, for other purposes you're not married under federal law. Judge Tauro's decision changed that."

Judge Tauro's decision has not been stayed or appealed. Yet. That means all married couples must be treated the same in Massachusetts. Martha Coakley and GLAD's Mary Bonauto are the fierceness. Watch the segment WHEN YOU JUMP ...

Federal Judge: Section 3 of Defense of Marriage Act Unconstitutional

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"?

Republican Scott Brown Wins Massachusetts U.S. Senate Election

The Tea Party movement has elected their first senator.

Conservative Republican State Sen. Scott Brown has decisively won the special election for the Senate seat in Massachusetts long held by the late Ted Kennedy. Brown trounced Attorney General Martha Coakley and his election is a blow to the Democratic Senate super-majority and agenda. He has vowed to become the 41st vote to prevent President Obama's health care plan from moving forward.

The Boston Globe's live blog of the election HERE. With 90% of precincts reporting, Brown was ahead with 53%.

At about 9:13 ET, Coakley called Brown to concede.

The Senate Democratic majority is now 59. Sixty votes are needed to block filibusters.

Massachusetts AG Coakley Wins Dem Primary For Kennedy's Seat

Massachusetts Attorney General Martha Coakley easily wins the Democratic primary for the U.S. Senate seat vacated by the death Senator Edward Kennedy, who died in August of brain cancer. Coakley became a national figure when she filed a federal lawsuit challenging the Defense of Marriage Act and potentially brings the fight to repeal DOMA to the Senate.

The victory came at a critical time for President Barack Obama's Democratic Party, which is counting on maintaining its 60-seat majority in the 100-member Senate as the body wrestles with legislation for a sweeping overhaul of the U.S. healthcare system. Coakley, 56, will face Republican state legislator Scott Brown in the January 19 election for the legendary Senate seat, which Edward Kennedy took over from his older brother, President John F. Kennedy. Coakley is heavily favored to win and to serve the rest of Kennedy's term in the Senate, which will run through 2012.

The winner of the January election will replace Paul Kirk, the former Democratic National Committee chairman and Kennedy friend whom Massachusetts Governor Deval Patrick appointed in September.

In July 2009, Coakley filed a lawsuit against the U.S. government challenging the constitutionality of DOMA. Massachusetts v. United States claims that Congress, in enacting the Defense of Marriage Act, "overstepped its authority ... and codified an animus towards gay and lesbian people." The suit is one of three at the federal level, including Ted Olson and David Boies' Perry v. Schwarzenegger and GLAD's Gill v OPM, that are challenging DOMA and considered to have very good chances of success.

Massachusetts AG Martha Coakley to Run for Kennedy's Senate Seat

Massachusetts Attorney General Martha Coakley becomes the first candidate to pick up nomination papers to run for the seat vacated by the late Sen. Edward M. Kennedy. Coakley became a national figure when she recently filed a federal lawsuit challenging the Defense of Marriage Act and potentially brings the fight to repeal DOMA to the Senate.

The Boston Globe: "Coakley has been quietly been putting together her Senate campaign over the past year, but has yet to announce officially. She has told associates she will run for the seat even if a Kennedy family member enters the race. Joseph P. Kennedy II is said to be eyeing the race; people close to the family have said the late senator's wife, Vicki, is not interested in the seat. Three members of Congress—Edward J. Markey, Stephen F. Lynch, and Michael Capuano —are also considering running."

In July 2009, Coakley filed a lawsuit against the U.S. government challenging the constitutionality of DOMA. Massachusetts v. United States claims that Congress, in enacting the Defense of Marriage Act, "overstepped its authority, undermined states' efforts to recognize marriages between same-sex couples, and codified an animus towards gay and lesbian people."

In mid-February, LGBT legal analyst Chris Geidner reported that Coakley had "conducted polling and purchased Coakleyforsenate.com." Said Geidner: "If Coakley were to take aim at ... Sen.  Kennedy’s seat, she would be an excellent person to continue his legacy."

Coakley must gather 10,000 signatures and present them to the Commonwealth by Nov. 3 for the Dec. 8 primary election and the Jan. 19 final election.

Thanks CHRIS GEIDNER and R. MARTINEZ

Judge Dismisses DOMA Challenge That Inspired Offensive Motion

Smelt Vs. United States, the federal challenge to the Defense of Marriage Act that led to that controversial motion filed by the Department of Justice, is dismissed by a federal judge on a technicality, reports the Los Angeles Times.

Assistant Atty. Gen. Tony West, in his brief filed before U.S. District Judge David O. Carter, agreed with Smelt and Hammer that the Defense of Marriage Act is discriminatory and should be repealed. But West noted that he was obliged to defend the law until Congress moves to repeal or amend it. He urged the court to dismiss the men's suit on grounds that their allegations "fail to state a claim upon which relief can be granted." Carter agreed, explaining in his seven-page decision that the absence of "an injury in fact" meant the court lacked jurisdiction to consider the broader constitutional questions. Smelt and Hammer had also filed suit in California superior court. That action was dismissed earlier this year on similar grounds, as their marriage is legal in California.

The Obama Administration's far-reaching and offensive June 12th motion to dismiss Smelt caused a huge uproar in the LGBT community and Democratic Party. Last week, DoJ filed a less aggressive and more conciliatory brief, arguing that DOMA was "discriminatory" but the Administration was obligated to defend it.

Many LGBT legal experts did not believe Smelt had much potential for success. Richard Gilbert, the lawyer defending the case for Arthur Smelt and Christopher Hammer, tells  the Associated Press he will accept Judge Carter's "invitation to submit it again [and] took the suit to state court only after another federal judge refused to waive court fees" for his disabled clients.

Three other DOMA challenges remain active in federal court: Ted Olson and David Boies' Perry v. Schwarzenegger, GLAD's Gill v OPM challenge and Massachusetts Attorney General Martha Coakley's recently filed Massachusetts v. United States.