Thursday, May 31, 2012
justice by a thousand cuts
Three GOP appointed Federal Judges of the First Circuit Appeals Court found it unconstitutional to deny federal marriage benefits to same sex couples today. The ruling applies to Section Three of the Defense of Marriage Act. The appeals court agreed with a lower court judge who ruled in 2010 that the law is unconstitutional because it interferes with the right of a state to define marriage and denies married gay couples federal benefits given to heterosexual married couples, including the ability to file joint tax returns. The court didn't rule on the law's other provision, which said states without same-sex marriage cannot be forced to recognize gay unions performed in other 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. "
So, one step closer to the big kahuna.....