DOMA Ruled Unconstitutional

A Federal District Court in Massachusetts ruled today that section 3 of the damnable Defense of Marriage Act is unconstitutional.  Section 3 prohibits the federal government from recognizing same sex marriages from any state.  From The Boston Globe:

"This court has determined that it is clearly within the authority of the Commonwealth to recognize same-sex marriages among its residents, and to afford those individuals in same-sex marriages any benefits, rights, and privileges to which they are entitled by virtue of their marital status," Tauro wrote. "The federal government, by enacting and enforcing DOMA, plainly encroaches upon the firmly entrenched province of the state."


Tauro drew on history in his ruling, writing that the states have set their own marriage since before the American Revolution and that marriage laws were considered "such an essential element of state power" that the subject was even broached at the time of the framing of the Constitution. Tauro noted that laws barring interracial marriage were once at least as contentious as the current battle over gay marriage.



“But even as the debate concerning interracial marriage waxed and waned throughout history, the federal government consistently yielded to marital status determinations established by the states,” Tauro wrote. “That says something. And this court is convinced that the federal government’s long history of acquiescence in this arena indicates that, indeed, the federal government traditionally regarded marital status determinations as the exclusive province of state government.”

From Bay Windows:

"In Commonwealth of Massachusetts v. Health and Human Services, Tauro considered whether the federal law’s definition of marriage -- one man and one woman -- violates state sovereignty by treating some couples with Massachusetts’ marriage licenses differently than others. In Gill v. Office of Personnel Management, Gay & Lesbian Advocates & Defenders (GLAD), a gay legal group, asked Tauro to consider whether DOMA violates the right of eight same-sex couples to equal protection of the law. Both cases were argued, separately, in May, and the decision released today is a relatively quick turnaround, given that some judges take almost a year to decide cases."


This decision makes complete sense.  If the states have the right to decide who can be married, then they have the right to decide that gay people can be married.  The Federal Government must respect that.  Now it's up to the Obama administration to decide if it will appeal.