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The Defense of Marriage Act was signed into law by President Bill Clinton, and ever since has been a source of consternation for those of us on the side of marriage equality. The fact that it overrules the Constitution's "full faith and credit" clause
ought to make its un-Constitutionality obvious. So, it is very interesting to see that the Federal Judge in this case found two
other parts of the Constitution that DOMA violates. Hopefully another judge will address that clause, rendering the whole of DOMA un-Constitutional.
I'm happy that the judge ruled this way, because very often in sensitive issue cases (religion in politics, and anything to do with
the gay), judges twist their logic into a pretzel to come up with reasons why obviously un-Constitutional laws
do not violate the Constitution. An example would be for the Supreme Court to rule that "under God" in the Pledge of Allegiance does
not have a religious meaning. Really, they did that.
Another reason to be glad, is that this sets a precedent for other states when it comes to future cases involving same-sex marriage. Will they fall like dominoes, or have to fight one state at a time? Will this instead go to the Supreme Court, effectively overturning DOMA or cementing it in place? The prospect makes me--half of a legally married same-sex couple--nervous. Because a court that could rule that "God" is not a religious word could contort their logic to say
anything.
[Excrept]
Federal Judge Strikes Down Portions of DOMA
In a stunning double win in the battle to advance the marriage equality cause, a US district court judge in Boston on July 8 has struck down Section 3 of the Defense of Marriage Act, which bars federal recognition of legal marriages by same-sex couples, in separate cases brought by the Commonwealth of Massachusetts and married gay and lesbian couples.
In Gill et al v. Office of Personnel Management, Judge Joseph L. Tauro ruled that Section 3 is unconstitutional in the context of claims brought by seven married same-sex couples and three widowers from Massachusetts. The plaintiffs challenged the denial of federal recognition in a variety of areas, including income tax filing, Social Security, and benefits available to US government employees and retirees. . .
Read more at: GayCityNews