Well, here's some big gay news hot out of the closet! A federal judge in Boston has ruled, in two separate cases, that a critical part of the federal Defense of Marriage Act is unconstitutional.
Apparently, according to Judge Joseph Tauro, Congress violated the Tenth Amendment when it passed DOMA, taking away the ability for states to decide which couples can be married. In a companion case, the judge ordered that DOMA violates equal protection in the Due Process Clause of the Fifth Amendment. Oh, snap!
GLAD attorney Mary Bonauto told Tauro that DOMA constitutes a "classic equal protection" violation, by taking one class of married people in Massachusetts and dividing it into two. One class, she noted, gets federal benefits, the other does not. Just as the federal government cannot take the word "person" and say it means only Caucasians or only women, said Bonauto, it should not be able to take the word "marriage" and say it means only heterosexual couples.
Hmmmm, defining "person" to mean only Caucasians. I hear they were flirting with passing similar legislation in Arizona.
Anyway, the next step in the case is the U.S. Court of Appeals, and then the Supreme Court! Only three more years until a decision is made!
Tags: Bill of Rights, Constitution, DOMA, LGBT, Marriage Equality, Massachusetts, States' Rights