Judge Rules DOMA Unconstitutional

Almost 100% sure (4.00 / 5)

we should thank AG Martha Coakley for challenging DOMA.

Whack-a-mole, anyone?

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by: Jack Mitchell @ Thu Jul 08, 2010 at 16:42:40 PM CDT

Let's Be GLAD! (4.00 / 2)

A lot of people need to be thanked for this first victory of a number that are needed to end DOMA, but GLAD -- the Gay & Lesbian Defenders & Advocates out of Boston, are on the top of the list.

That organization was the very first one that supported House Bll 436, New Hampshire's marriage equality law that we passed last year.  GLAD Staff Attorney Janson Wu worked with me in December of 2008 in the drafting of the initial language, and kept working with us throughout the next six months to see success.

In the case of the DOMA challenge, GLAD Civil Rights Director Mary Bonauto, who is a legend in gay and lesbian equality advocacy, wrote this today:

"It's a great day for equality!

"You and I know that a marriage is a marriage. Today, U.S. District Court Judge Joseph L. Tauro came to that same conclusion when he ruled that section 3 of the Defense of Marriage Act (DOMA) is unconstitutional.

"Judge Tauro recognized that for no good reason, DOMA bans legally married gay and lesbian couples and their families from receiving the same federal benefits as all other married couples.

"He saw the real, everyday harm DOMA causes - to people like our plaintiff Herb Burtis. Herb lost his spouse, John, after 60 years together. Now, his already limited income is severely reduced because the federal government denies him the $700 a month that would come with Social Security survivor benefits.  

"Judge Tauro saw that getting rid of DOMA will make a real difference in Herb's life, and in the lives of so many families.

'An end to DOMA would mean I could add my spouse to the family health plan I'm already paying for," says plaintiff Nancy Gill. "The extra cost of Marcelle's health insurance is money we could really use in raising our two children. I'm gratified that Judge Tauro understood that, and also saw that it's not right for the federal government to tell us - and our children - that we aren't equal.'

"DOMA's passage in 1996 was unprecedented. Congress had never before decided that certain marriages don't count.  Today the Court said loudly and clearly that Congress was wrong to pass such a discriminatory law. We simply don't have first and second-class marriages in this country.

"We know this is likely not the final word on section 3 of DOMA.  The government will almost assuredly appeal. But GLAD is prepared to continue our fight for the rights of our plaintiffs, and for equality under the law for all married same-sex couples and families.

"With your support, we look forward to taking the next steps to secure this victory and to end the federal government's discrimination against married same-sex couples once and for all.  Please help us by making a generous gift today."

You can help the cause at glad.org

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by: Rep. Jim Splaine @ Thu Jul 08, 2010 at 17:28:31 PM CDT

Noted NH in the ruling, too (4.00 / 2)

For example, a thirteen year-old female and a fourteen year-old male, who have the consent of their parents, can obtain a valid marriage license in the state of New Hampshire. Though this court knows of no other state in the country that would sanction such a marriage, the federal government recognizes it as valid simply
because New Hampshire has declared it to be so.

I'm not terribly certain that having the youngest marriage age in the country is a wonderful thing to be noted for (and wonder if it's actually been used any time recently), but it's a very good point for comparison. Similarly, the federal government accepted local definitions of marriage even in the days of miscegenation laws.

Only the left protects anyone's rights.

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by: RealNRH @ Thu Jul 08, 2010 at 17:34:34 PM CDT

That we have a marriage age below the agent of consent (0.00 / 0)

is extremely troubling, albeit unlikely to matter much in practice.

--
No tea; no decaf.

@DougLindner

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by: Douglas E. Lindner @ Thu Jul 08, 2010 at 20:00:25 PM CDT

[ Parent ]

Wonderful. (4.00 / 1)

birch, finch, beech

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by: Dean Barker @ Thu Jul 08, 2010 at 17:52:15 PM CDT