Federal same-sex marriage ban unconstitutional

U.S. District Judge Joseph Tauro in Boston, Massachusetts, yesterday ruled that a federal ban on gay marriage is unconstitutional because it interferes with an individual state's right to define marriage., CNN reported this morning.

"As irrational prejudice plainly never constitutes a legitimate government interest, the Defense of Marriage Act (DOMA) violates the protection under the Fifth Amendment to the Constitution," Tauro was quoted as saying.

In the Defense of Marriage Act it was "only sexual orientation that differentiates a married couple entitled to federal marriage-based benefits from one not so entitled," Tauro said, adding, "the relevant distinction to be drawn is between married individuals and unmarried individuals. To further divide the class of married individuals into those with spouses of the same sex and those with spouses of the opposite sex is to create a distinction without meaning."

USAToday said of the ruling that "it could have implications far beyond the state if upheld by a higher court after an appeal by the Obama administration…

"The rulings apply to Massachusetts, but if a higher court with a broader jurisdiction were to hear an appeal and agree with the judge's rulings, their impact would spread, said Boston College professor Kent Greenfield, a constitutional law expert. The rulings might encourage other attorneys general who oppose DOMA to sue to try to knock it down… One thing that's going to be really interesting to watch is whether the Obama administration appeals or not."

A Law.com article notes, "If Chief U.S. District Judge Vaughn Walker is looking for a little more ammunition in order to shoot down California’s Proposition 8, one of his Massachusetts colleagues just gave him some." That case ended last month, with a decision being expected at any time.

Two states – California & Massaschuests -- and the District of Columbia allow same-sex marriage, according to Stateline.org; four or five others have civil unions or domestic partners, but for 30 of the states – including Ohio, Kentucky, and Indiana, according to Christine Nelson, a program director at the National Council of State Legislatures,“it would be next to impossible to get legislation on the table because those states also have the Defense of Marriage Act on the books. Enacted by Congress in 1996, the act bars federal recognition of same-sex marriage and allows states the right to do so as well. Since 1996, several states have put into place legislation that prohibits same-sex marriages or "the recognition of same-sex marriages formed in another jurisdiction."