Defense of Marriage Act is Unconstitutional
The AP version of the story:
You can bet that conservatives across the country will be delighted to hear that states' rights are supported and the federal government is being limited by this tough judge, forced to conform to the mandates of the Constitution.
BOSTON — A U.S. judge in Boston has ruled that a federal gay marriage ban is unconstitutional because it interferes with the right of a state to define marriage.
U.S. District Judge Joseph Tauro on Thursday ruled in favor of gay couples' rights in two separate challenges to the 1996 Defense of Marriage Act, known as DOMA.
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 2004.
Tauro agreed, and said the act forces Massachusetts to discriminate against its own citizens. The act "plainly encroaches" upon the right of the state to determine marriage, Tauro said in his ruling on a lawsuit filed by state Attorney General Martha Coakley.
In a ruling in a separate case filed by Gays & Lesbian Advocates & Defenders, Tauro ruled the act violates the equal protection clause of the U.S. Constitution.
"Congress undertook this classification for the one purpose that lies entirely outside of legislative bounds, to disadvantage a group of which it disapproves. And such a classification the Constitution clearly will not permit," Tauro wrote.
His rulings apply to Massachusetts but could have broader implications for other states where gay marriage is legal if it's upheld on appeal. Federal gay marriage ban is ruled unconstitutional
You can bet that conservatives across the country will be delighted to hear that states' rights are supported and the federal government is being limited by this tough judge, forced to conform to the mandates of the Constitution.
posted by JimK at 9:07 PM
15 Comments:
actually, the states' rights case sounds like it was decided correctly to me
I'm a conservative and oppose same sex marriage and I think that this case was decided correctly.
quotes from Barry on the campaign trail:
“Government doesn’t have all the answers. Ultimately, government doesn’t create all the jobs. Government can’t generate the jobs or growth we need by itself.
So our goal has never been to create another government program. Our goal has been to spur growth in the private sector.”
hey, Big O, if that's your goal, you've failed
now that you've figured out that socialism doesn't work, you need to cut corporate tax rates and capital gains taxes to "spur growth in the private sector"
John Kennedy did it
Bill Clinton did it
you can do it too
embrace capitalism
it works
yes, all this gay crap should be a matter of state law rather Federal fiat
they're taking care of gays in Hawaii:
"The governor's veto of the civil unions bill in Hawaii is Exhibit A in how to handle the gay agenda.
The Hawaii legislature had granted same-sex couples the same rights and responsibilities as married heterosexuals. The legislature overwhelmingly passed a civil unions law. All that was needed was the governor’s signature.
Gov. Linda Lingle had meetings and phone calls with those in favor of and against same-sex marriage. And Lingle vetoed the legislation on Tuesday. “I have been consistent in my opposition to same gender marriage and find that HB 444 is essentially marriage by another name,” she said.
And then Lingle did the only appropriate thing. She advocated putting the matter up for a popular vote.
'The subject of this legislation has touched the hearts and minds of our citizens as no other social issue of our day. It would be a mistake to allow a decision of this magnitude to be made by one individual or a small group of elected officials.
And while ours is a system of representative government it also is one that recognizes that, from time to time, there are issues that require the reflection, collective wisdom and consent of the people and reserves to them the right to directly decide those matters. This is one such issue.'
We’ve all seen what happens when marriage equality is on the ballot. Californians, in 2008, approved a state constitutional amendment that defined and recognized marriage as between one man and one woman in the Golden State. The people of California exercised self-determination.
Lingle said it was the 'depth of emotion' from both sides that revealed to her just how important the institution of marriage is."
I'm not sure if voting on other people's civil rights is an exercise of 'self-determination.' I think Wilson had other things in mind.
having devinace recognized by the state is not a right, Robozo
But correct spelling and polite address are, my dear.
look, seewtheart, bad spelling is what the bloggery is all about!
Two true.
Perhaps,"oiiohh" (a.k.a. "Anonymous" we should take a public vote on your existence!
you do that, pal
is the white knight talking backwards on your, uh, trip?
"oiiohh"....I ain't your pal...for obvious reasons!
look, pal, you need to stop chasing rabbits
I'd stop chasing rabbits if they would stop leaving their turds here!
why are you looking for turds?
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