BREAKING NEWS: Federal District Court Judge Rules That DOMA (The Defense Of Marriage Act) Is Unconstitutional

Today set the stage for two HUGE victories for gay marriage, as a federal judge in Boston ruled that section three of the Defense of Marriage Act (DOMA) is INDEED unconstitutional.

Both cases were argued, separately, in May,and today the decisons were reached.

Massachusetts, Judge Joseph Tauro ruled that Congress violated the Tenth Amendment to the U.S. Constitution when it passed DOMA and took from the states decisions concerning which couples can be considered married. In the other, Gill v. Office of Personnel Management, he ruled DOMA violates the equal protection principles embodied in the Due Process Clause of the Fifth Amendment.

And in the second case Commonwealth of Massachusetts v. Health and Human Services, Tauro ruled that   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

This also means the Department of Justice, OPM and HHS lost today. And they’will have to decide if they want to appeal it which given the current climate of LGBT rights relations and the Obama administration and will undoubtedly have HUGE ramifications either way. 

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Will Kohler

Will Kohler is a noted LGBT historian, journalist and owner of Back2Stonewall.com. A longtime gay activist, Will fought on the front lines of the AIDS epidemic with ACT-UP and continues fighting today for LGBT acceptance and full equality. Will’s work has been referenced in notable media venues as MSNBC and BBC News, The Washington Post, The Daily Beast, Hollywood Reporter, and Raw Story,

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