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Boston court: Defense of Marriage Act unconstitutional

☥☽✪☾DAW ☽✪☾ 2012/05/31 14:41:41
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BOSTON -- An appeals court has ruled that a law that denies a host of federal benefits to same-sex married couples is unconstitutional.
ruled law denies host federal benefits same-sex married couples unconstitutional

The 1st U.S. Circuit Court of Appeals in Boston said the Defense of Marriage Act, which defines marriage as a union between a man and a woman, discriminates against gay couples.

The law was passed in 1996 at a time when it appeared Hawaii would legalize gay marriage. Since then, many states have instituted their own bans on gay marriage, while eight states have approved it, led by Massachusetts in 2004.

The appeals court agreed with a lower court judge who ruled in 2010 that the law is unconstitutional because it interferes with the right of a state to define marriage and denies married gay couples federal benefits given to heterosexual married couples, including the ability to file joint tax returns.
federal benefits heterosexual married couples ability file joint tax returns

During arguments before the court last month, a lawyer for gay married couples said the law amounts to "across-the-board disrespect." The couples argued that the power to define and regulate marriage had been left to the states for more than 200 years before Congress passed DOMA.
argued power define regulate marriage 200 years congress passed doma

An attorney defending the law argued that Congress had a rational basis for passing it in 1996, when opponents worried that states would be forced to recognize gay marriages performed elsewhere. The group said Congress wanted to preserve a traditional and uniform definition of marriage and has the power to define terms used to federal statutes to distribute federal benefits.
definition marriage power define terms federal statutes distribute federal benefits

Since DOMA was passed in 1996, many states have instituted their own bans on gay marriage, while eight states have approved it, including Massachusetts, Connecticut, New York, Iowa, New Hampshire, Vermont, Maryland, Washington state and the District of Columbia. Maryland and Washington's laws are not yet in effect and may be subject to referendums.
maryland washington district columbia maryland washingtons laws effect subject referendums

Last year, President Barack Obama announced the U.S. Department of Justice would no longer defend the constitutionality of the law. After that, House Speaker John Boehner convened the Bipartisan Legal Advisory Group to defend it.
house speaker john boehner convened bipartisan legal advisory group defend

Read More: http://abclocal.go.com/kfsn/story?section=news%2Fn...

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  • Zeruke 2012/05/31 21:45:35
    Let Freedom Ring
    Zeruke
    only problem is that the ruling is just saying doma is unconstitutional under its section 3 which is what causes the whole benefits being denied....so chances are only section 3 will be repealed
  • sjalan 2012/05/31 18:32:43
    It's about freakin' time
    sjalan
    +1
    This makes 6 federal level courts that have declared DoMA unconstitutional. I hope SCOTUS pulls their collective heads out from their posterior orifices and gets this over with so we can move forward on more pressing issues.
  • HarleyCharley 2012/05/31 17:00:45
    As the government of the United States of America is not in any sense founded...
    HarleyCharley
    the Supreme court will decide for good....
  • MR. 2012/05/31 15:46:28
    But the Bible Says ITS WRONG Blah Blah Blah Blah Blah
    MR.
    *ROMANS 1:24-32 (IS A "VERY GOOD REASON" WHY!) *bible.is
  • ☥☽✪☾DAW... MR. 2012/05/31 15:50:58
    ☥☽✪☾DAW ☽✪☾
    +3
    WE DO NOT LIVE IN A THEOCRACY BIBLE LAWS MEAN NOTHING
  • William... MR. 2012/05/31 18:23:01
    William Day
    +1
    So should we institute sharia law since we have muslims in america?
  • Mrs. Kathy Arch 2012/05/31 15:23:04
    I love it when the Courts admit the obvious :
    Mrs. Kathy Arch
    +2
    I think it is one of the most hateful pieces of legislation ever passed.
  • Fallout 2012/05/31 15:13:39
    It's about freakin' time
    Fallout
    +1
    Its sad that we have a few Americans living in the dark ages.
    Until we have equally distributed rights for all Americans this
    issue will continue to thrive.
  • Kaimeso 2012/05/31 15:12:49
    I love it when the Courts admit the obvious :
    Kaimeso
    +1
    And here we go, the xtians will be screaming about how activist judges declaring the xtian tyranny unconstitutional is an attack on their religious freedom,..
  • ☥☽✪☾DAW... Kaimeso 2012/05/31 15:17:10
    ☥☽✪☾DAW ☽✪☾
    +1
    You cannot call it “special rights” when someone asks for the same rights you have.
    It is no longer your personal religious view if you’re bothering someone else. or Denying them the Same Rights as you have IF your Religion is against then fine
    We do not live in a Theocracy the consitution is a Godless Consitution

    To condemn homosexuality, you must use parts of the Bible you don’t yourself obey. Anyone who obeyed every part of Leviticus would rightly be put in prison.

    if someone is against Gay marriage then Dont Get Gay married
    if 2 gays or 2 lesbians get married it is not going to Effect anyone marriage
  • Kaimeso ☥☽✪☾DAW... 2012/05/31 15:57:58
    Kaimeso
    +1
    If these people want to protect the sancity of marriage then make divorce and adultry illegal. Oops,.. that might cause them problems,...
  • Pat 2012/05/31 15:00:47
    It's about freakin' time
    Pat
    +2
    I love living in Massachusetts! Thank you Boston Appeals Court!
  • Gloria 2012/05/31 14:45:22
    It's about freakin' time
    Gloria

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