The Politics of Crime. 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 GLAD lawyers expect a decision from this court in The Family Research Council tagged Judge Tauro's decisions as judicial activism, though hardly surprising for an organization that knocks all progressive court decisions as activist. The lawsuits specifically challenged Section 3 of the year-old federal Defense of Marriage Act, or DOMA, which discriminates against married gay couples by precluding them from accessing certain federal benefits that heterosexual couples receive, according to Coakley and GLAD.
Federal Judge: Gay Marriage Ban Unconstitutional
Same-sex unions have been legal in Massachusetts since , but the state argued that DOMA discriminated against gay married couples by denying them access to the same benefits as heterosexual married couples. An Update and Preview," is available here. However, same-sex married couples are disqualified from receiving marriage-based federal benefits under the Defense of Marriage Act, or DOMA, which was the subject of Tauro's decision. Speaking of marriage equality, NBC has opened up a wedding contest to same-sex couples. District Judge Joseph Tauro, a Nixon appointee, ruled against DOMA in in the two cases that are now before the appellate court on the basis that the anti-gay law fails the rational standard basis of review. He notes Judge Tauro held that Congress has no interest in uniform definition of marriage rights and that the federal government should have left marriage policy to the states.
Judge Rules Gay Marriage Ban Unconstitutional - CBS News
Welcome to your discussion forum: Brennan Center for Justice Blog. But this is completely subjective and absurd. Like the ongoing legal battle over "don't ask, don't tell," the continuing fight over DOMA aggravates tensions between the White House and Obama's supporters in the gay community on the eve of an election that is shaping up to be a rough one for Democrats. Although all three Republican candidates for governor say they want to overturn the Varnum v Brien ruling, marriage equality is probably here to stay. But when it comes to actually fighting, you can count on another limp and uninspired performance by U.
Gay Marriage Ban Unconstitutional You are not logged in. Gill is a year employee of the U. Supreme Court in modern history. In August , GLAD, including Bonauto, filed suit in Connecticut  on behalf of seven gay and lesbian couples who wished to marry. District Judge Joseph Tauro said the law, the Defense of Marriage Act, interferes with the right of a state to define marriage and therefore denies married gay couples some federal benefits. Contact About Masthead Blog. GLAD Answers will respond to you no later than the next business day.