Let the screeching begin!
U.S. District Court Judge Joseph L. Tauro has found that the federal Defense of Marriage Act violates the rights of the Commonwealth of Massachusetts where same-sex marriage is legal.
Judge Tauro issued his ruling in two cases, one brought by the Massachusetts Attorney General and the other by the LGBT rights group Gay and Lesbian Advocates and Defenders. In the case from the Commonwealth, Judge Tauro agreed it was wrong for Congress to force the state to discriminate against some of its married citizens in order to receive federal funds for certain programs. In the other case, Tauro sided with the plaintiffs argument that DOMA violates the equal protection clause by granting some benefits, like Social Security, to heterosexual but not same-sex married couples.
“This court has determined that it is clearly within the authority of the Commonwealth to recognize same-sex marriages among its residents, and to afford those individuals in same-sex marriages any benefits, rights, and privileges to which they are entitled by virtue of their marital status,” Judge Tauro wrote. “The federal government, by enacting and enforcing DOMA, plainly encroaches upon the firmly entrenched province of the state.”
U.S. District Court Judge Joseph L. Tauro has found that the federal Defense of Marriage Act violates the rights of the Commonwealth of Massachusetts where same-sex marriage is legal.
Judge Tauro issued his ruling in two cases, one brought by the Massachusetts Attorney General and the other by the LGBT rights group Gay and Lesbian Advocates and Defenders. In the case from the Commonwealth, Judge Tauro agreed it was wrong for Congress to force the state to discriminate against some of its married citizens in order to receive federal funds for certain programs. In the other case, Tauro sided with the plaintiffs argument that DOMA violates the equal protection clause by granting some benefits, like Social Security, to heterosexual but not same-sex married couples.
“This court has determined that it is clearly within the authority of the Commonwealth to recognize same-sex marriages among its residents, and to afford those individuals in same-sex marriages any benefits, rights, and privileges to which they are entitled by virtue of their marital status,” Judge Tauro wrote. “The federal government, by enacting and enforcing DOMA, plainly encroaches upon the firmly entrenched province of the state.”
To put this in very immature terms: nyah, nyah, nyah, nyah, nyah!! I look forward to all those... like Justice Antonin Scalia... who love to crow about "state's rights" try to overturn this decision.
This comes as we await the decision of federal Judge Walker on the west coast, where Proposition 8 in California hangs in the balance.
As for those of us who live in states such as Florida, where we now have it in statute and the state constitution that LGBT people can't have a wedding... or even the "substantial equivalent thereof"... well, we're screwed. Judge Tauro's rulings, if upheld (because--yes--I'm betting the Obama administration appeals these cases), did not address the issue in DOMA that allow states to ignore marriage licenses legally issued to LGBT couples elsewhere. So Florida bigotry remains safe. But I'm sure that as lawsuit upon lawsuit chips away at this iceberg, and as attitudes in society at large reject homophobia, the laws in states such as Florida will fall. May not be for another generation, but it will happen one day.
And Love will really see its light spread in the world!
1 comment:
You are right and hurraah for Massachusetts. The sky hasn't fallen, believe me.
Peggins
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