Boston Judge Rules Gay Marriage Ban Unconstitutional

A touch of good news out of Boston.

It is about time the simple issue of a violation of equal protection under the law created by gay marriage bans of any sort was struck down as unconstitutional by a federal court.

HuffingtonPost.com:

BOSTON (Associated Press) — The federal law banning gay marriage is unconstitutional because it interferes with the right of a state to define the institution and therefore denies married gay couples some federal benefits, a federal judge ruled Thursday in Boston.

U.S. District Judge Joseph Tauro ruled in favor of gay couples’ rights in two separate challenges to the Defense of Marriage Act, known as DOMA, a 1996 law that the Obama administration has argued for repealing.

The rulings apply to Massachusetts but could have broader implications if they’re upheld on appeal.

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 in order to be eligible for federal funding in federal-state partnerships.

Advertisements