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Federal Court Rules DOMA Unconstitutional

By Charlotte Robinson, July 08, 2010
Finally federal rights & protections for gay couples in
states where gay marriage is legal is on the way.....:)

In Boston yesterday, U.S. District Judge Joseph Tauro
ruled in two separate cases that a critical portion of the
federal Defense of Marriage Act is unconstitutional. The US
District Court in Massachusetts ruled that Congress violated
the Tenth Amendment to the U.S. Constitution when it passed
DOMA & took from the states decisions concerning which
couples can be considered married.
In the second case, Gill v. Office of Personnel Management,
the ruling was DOMA violates the equal protection principles
embodied in the Due Process Clause of the Fifth Amendment.
The case was brought by Gay & Lesbian Advocates & Defenders
(GLAD), the people that won the landmark gay marriage
decision in 2003 before the Massachusetts Supreme Court.
Gary Buseck, GLAD's legal director, said that Thursday's
ruling "is for the Commonwealth of Massachusetts, so it seems

to be encompassing all of the same-gender married couples in

Massachusetts." He added that it would be "highly unusual"

if the ruling was not appealed.
Updates to Come...:)
For more info: glad.org
4/12/10 Exclusive Audio Interview w/ Lee Swislow,
Executive Director of the Gay & Lesbian Advocates

& Defenders (GLAD) on Gill v. Office of Personnel

Management that challenged Section 3 of DOMA

in today's historic ruling

Exclusive Audio Interview w/ Mark Elderkin
of the Gay Ad Network. Elderkin is a dot com

visionary & entrepreneur @ OUTTAKE VOICES™

Hear Audio Interviews w/ LGBT Leaders @OUTTAKE VOICES™

1 comment:

Congresswoman Baldwin said...

I am thrilled by Judge Tauro’s decision that declares part of the Defense of Marriage Act (DOMA) unconstitutional. This is a tremendous victory for all who believe in equal rights and a dramatic confirmation of justice under law.

By ruling that DOMA violates the Fifth and Tenth Amendments of the U.S. Constitution, Judge Tauro affirmed states’ rights of sovereignty and individual rights to due process. Put simply, his rulings confirm what we already know – there is no legal basis for discrimination against same-gender couples.

The right of same-gender couples to marry with the same protections, benefits, and obligations as straight couples may, ultimately, be decided by the Supreme Court. The long march to full equality is not yet over, but now is a time to rejoice in this victory.

Congresswoman Tammy Baldwin is Co-Chair of the Congressional LGBT Equality Caucus.

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