WV AG: 11/2 Rx OK | Main | Obama: Israelis Are Most Likely Suspicious Of Me Not Because Of My Anti-Israel Policies But Because Of My Middle Name, Hussein
July 08, 2010

Judge Rules Defense of Marriage Act Section 3 Unconstitutional

A federal district court judge in Boston just released decisions in two cases: Gill v. OPM and Massachusetts v. Department of Health and Human Services.

DOMA section 3 sets the federal definition for marriage as only between a man and a woman. It similarly defines for federal purposes the meaning of the word "spouse." DOMA section 2, which was not at issue in these lawsuits and remains undisturbed, provides that states need not recognize gay marriages from other states.

In Gill the judge held that DOMA section 3 violates equal protection principles entrenched in the Fifth Amendment right to due process.

In the other case, the judge held that DOMA section 3 violates the Tenth Amendment:

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. The federal government, by enacting and enforcing DOMA, plainly encroaches upon the firmly entrenched province of the state, and, in doing so, offends the Tenth Amendment. For that reason, the statute is invalid.

They haven't posted the decisions yet. Links and more analysis when I get them. For the Gill case, the thing to look for is whether the judge decided DOMA section 3 was discrimination on account of sex or discrimination on account of sexual orientation, as the two have distinct judicial pedigrees.

Also, if the Obama Administration decides to appeal, expect EPIC DRAMA from the Gay Mafia.

More: While we're waiting for the PDFs to post, consider the federalism issues in the second decision (quoted above). Does DOMA section 3 violate powers reserved to the states by the Tenth Amendment? Is the ability to define the marital status of residents a core area of state sovereignty?

Update: Here's the Gill decision (PDF).The Massachusetts case may take more time to get hold of. States are slower than advocacy groups.

Last Update: Here's the Massachusetts v. DHHS decision (PDF), which has much more on the federalism issue.


digg this
posted by Gabriel Malor at 05:07 PM

| Access Comments




Recent Comments
Your Decidedly Devious Uncle Palpatine, Booking Agent, Aero Pinochet: "416. Huh? WHAT? ..."

Miklos Molnar, enemy of peoples: " I saw Khrushchev's Krushers close for Lavrentii & ..."

kallisto: "Whatever happened to SMFH? not seeing her makes me ..."

Your Decidedly Devious Uncle Palpatine, Booking Agent, Aero Pinochet: "411. (BTW - Zhukov's solo in the closing set was e ..."

F.N.G.: "Posted by: garrett at December 17, 2017 09:26 PM ( ..."

Yogi Beria: "When you come to a fork in a restaurant, take it. ..."

Your Decidedly Devious Uncle Palpatine, Booking Agent, Aero Pinochet: "405. I saw Khrushchev's Krushers close for Lavrent ..."

Ignoramus: ""Then I want PDJT to wear brass knuckles to his SO ..."

Hadrian the Seventh: " Gushka, how are you doing? ..."

Hadrian the Seventh: " [i]Omg i have managed to gwt in the middle of tw ..."

Christopher R Taylor: "I believe McCain is too ill to vote. But I believ ..."

garrett: ">>Throwers = launchers? Yeah. We used to ma ..."

Recent Entries
Search


MuNuvians
Polls! Polls! Polls!
Frequently Asked Questions
The (Almost) Complete Paul Anka Integrity Kick
Top Top Tens
Greatest Hitjobs

The Ace of Spades HQ Sex-for-Money Skankathon
A D&D Guide to the Democratic Candidates
Margaret Cho: Just Not Funny
More Margaret Cho Abuse
Margaret Cho: Still Not Funny
Iraqi Prisoner Claims He Was Raped... By Woman
Wonkette Announces "Morning Zoo" Format
John Kerry's "Plan" Causes Surrender of Moqtada al-Sadr's Militia
World Muslim Leaders Apologize for Nick Berg's Beheading
Michael Moore Goes on Lunchtime Manhattan Death-Spree
Milestone: Oliver Willis Posts 400th "Fake News Article" Referencing Britney Spears
Liberal Economists Rue a "New Decade of Greed"
Artificial Insouciance: Maureen Dowd's Word Processor Revolts Against Her Numbing Imbecility
Intelligence Officials Eye Blogs for Tips
They Done Found Us Out, Cletus: Intrepid Internet Detective Figures Out Our Master Plan
Shock: Josh Marshall Almost Mentions Sarin Discovery in Iraq
Leather-Clad Biker Freaks Terrorize Australian Town
When Clinton Was President, Torture Was Cool
What Wonkette Means When She Explains What Tina Brown Means
Wonkette's Stand-Up Act
Wankette HQ Gay-Rumors Du Jour
Here's What's Bugging Me: Goose and Slider
My Own Micah Wright Style Confession of Dishonesty
Outraged "Conservatives" React to the FMA
An On-Line Impression of Dennis Miller Having Sex with a Kodiak Bear
The Story the Rightwing Media Refuses to Report!
Our Lunch with David "Glengarry Glen Ross" Mamet
The House of Love: Paul Krugman
A Michael Moore Mystery (TM)
The Dowd-O-Matic!
Liberal Consistency and Other Myths
Kepler's Laws of Liberal Media Bias
John Kerry-- The Splunge! Candidate
"Divisive" Politics & "Attacks on Patriotism" (very long)
The Donkey ("The Raven" parody)
News/Chat
Archives
Powered by
Movable Type 2.64