Judge: US Gay Marriage Ban Is Unconstitutional

Declares federal rule interferes with states
By Newser Editors and Wire Services
Posted Jul 8, 2010 5:16 PM CDT
A same-sex couple hold hands during their wedding ceremony at City Hall in San Francisco.   (AP Photo/Darryl Bush, File)

(Newser) – A US judge in Boston has ruled that a federal gay marriage ban is unconstitutional because it interferes with the right of a state to define marriage. US District Judge Joseph Tauro today ruled in favor of gay couples' rights in two separate challenges to the 1996 Defense of Marriage Act, known as DOMA. The state had argued the law denied benefits such as Medicaid to gay married couples in Massachusetts, where same-sex unions have been legal since 2004.

Tauro agreed, and said the act forces Massachusetts to discriminate against its own citizens. "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," Tauro wrote. The Justice Department argued the federal government has the right to set eligibility requirements for federal benefits.

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