A federal appeals court has ruled that the Defense of Marriage Act (DOMA) is, indeed, unconstitutional.
The 1st U.S. Circuit Court of Appeals in Boston ruled Thursday in a unanimous 3-0 decision that the 1996 law, which federally defines marriage as a union between a man and a woman, discriminates against gay couples, therefore is against our country’s constitution. The three-judge panel included Judges Juan Torruella and Michael Boudin, both of whom are Republican appointees, and Judge Boudin.
This decision follows a long line of state judges deeming the law as unconstitutional, including Judge Jeffrey White from the U.S. District Court of Northern California, as well as President Barack Obama’s declaration in February 2011. Thursday’s ruling is the first time a federal court as voted DOMA unconstitutional.
“We’ve been working on this issue for so many years, and for the court to acknowledge that yes, same-sex couples are legally married, just as any other couple, is fantastic and extraordinary,” said Lee Swislow, executive director of GLAD, the Boston-based legal group that brought one of the lawsuits on behalf of same-sex married couples.
The ruling states:
“Many Americans believe that marriage is the union of a man and a woman, and most Americans live in states where that is the law today. One virtue of federalism is that it permits this diversity of governance based on local choice, but this applies as well to the states that have chosen to legalize same-sex marriage. Under current Supreme Court authority, Congress’ denial of federal benefits to same-sex couples lawfully married in Massachusetts has not been adequately supported by any permissible federal interest. “
The court did not however rule on the law’s other politically combustible provision, which says states without same-sex marriage cannot be forced to recognize same-sex unions performed in states where it’s legal. It also did not address whether same-sex couples have a constitutional right to marry.
The ruling will not be enforced until the U.S. Supreme Court decides on the case, which could happen as early as the next term beginning in the fall, as the only states within the ruling circuit are Massachusetts, Rhode Island, Maine, New Hampshire and Puerto Rico. Only the high court can decide that a congressional law is unconstitutional and have it affect all states.
If considered unconstitutional by the U.S. Supreme Court, same-sex couples married in those states that legally recognize their union will receive the same federal benefits as heterosexual couples.
Photo: lgbtqnation.com
