DOMA Unconst - 1st U.S. Circuit Court of Appeals in Boston rules DOMA unconstitutional

News

1st U.S. Circuit Court of Appeals in Boston rules DOMA unconstitutional

In breaking news from CNN, a U.S. federal appeals court in Boston ruled that the Defense of Marriage Act, enacted in 1996 under President Clinton to define marriage as a legal union between one man and one woman, is unconstitutional. A three-judge panel agreed in an unanimous ruling that the unconstitutionality of the law derives from its interference with an individual state’s rights to define marriage.

In a statement reported by Boston.com, Massachusetts Attorney General Martha Coakley highlighted the vast inequalities created by the DOMA:

Today’s landmark ruling makes clear once again that DOMA is a discriminatory law for which there is no justification. It is unconstitutional for the federal government to create a system of first- and second-class marriages, and it does harm to families in Massachusetts every day. All Massachusetts couples should be afforded the same rights and protections under the law, and we hope that this decision will be the final step toward ensuring that equality for all.

In writing the unanimous decision, Appeals Court Judge Michael Boudin recognized the history of painful discrimination suffered by homosexuals, but states that the court didn’t reach its decision assuming that DOMA’s “hidden but dominant purpose was hostility to homosexuality.” Boudin added, “The many legislators who supported DOMA acted from a variety of motives, one central and expressed aim being to preserve the heritage of marriage as traditionally defined over centuries of Western civilization.”

Whatever the supposed motivation for DOMA may be, at least the ruling is one big step towards ending the discrimination and inequality the law served to defend.

  1. June 01, 2012 at 2:21 am, MK Hernández said:

    This is one more new step to equality. Question is whether prop 8 or DOMA gets to the Supreme court and will they see them together as one case, or two different cases or none at all?

    ————–
    Can you sign the petition I created, and pass it around to as many people as you can? Specifically can you post it on your facebook page?: http://www.change.org/petitions/u-s-food-and-drug-administration-allow-sexually-active-gay-men-to-donate-blood.

    There is even a facebook page: http://www.facebook.com/groups/368546219869271/.

    Reply

Add New Comment

Showing 1 comments
Subscribe by RSS