DOMA Ruled Unconstitutional By Federal Appeals Court

[racaulk]

BOSTON -- An appeals court ruled Thursday that a law that denies a host of federal benefits to gay married couples is 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.

<---snip--->

Link: http://www.huffingtonpost.com/2012/05/31/doma-unconstitutional-ruling-appeals-court-boston_n_1559031.html?ncid=edlinkusaolp00000003

As Zorra said in another thread, it's a great morning!

[malthaussen]

1. So, does this go to the Supreme Court next

... where it will be overturned by a snappy 5-4 vote? Or is it dead in the water?

-- Mal

[Amimnoch]

5. I don't think so, I do believe this one will pass the Supreme court.

Lets face it, just about every justices decision is already known for most cases before it even appears the court. The ONE real exception is Justice Kennedy. He is, and has been the "tie-breaker".

Going off of his history, and his dissertations, I think DOMA has a good chance of being defeated on the top level.

In 2003 he stated that he recognized the right of GLBT's to exist as a constitutionally protected class.

Also in 2003 he was for disallowing sodemy laws against homosexual activity.

In 2010 he supported the right to define ones own existance, including if they are gay.

In 1996 stopped the Colorado amendment to disallow GLBT's from being recognized as a protected class.

About the only anti-GLBT decision that he has supported (that I know of at least) was the one in 1999 that allowed the boy scouts to disallow gay scout masters. Even for this one, his decision was based on protecting the rights of the organization (not justifying it, but pointing out the difference between that one and DOMA, which only about civil rights).

I do feel confident that if this goes to the SCOTUS that DOMA is dead.

[malthaussen]

6. Good to know

It's ironic that in a time of greater and greater civil liberties repression, we are at least finally acknowledging the right of GLBTs to be human.

-- Mal

[Capt. Obvious]

2. I was just coming to share that

[William769]

3. Time to go husband hunting!

[MerryBlooms]

4. Beatiful!

[dbackjon]

7. Awesome news!!