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Boston federal appeals court finds Defense of Marriage Act unconstitutional

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  1. This is great news for the fight for equality in the US! Let’s hope it paves the way for more courts to find the same.

    The tide is turning, slowly but surely.

  2. Of course it is. It is against the Due Process clause and the 14th Amendment regarding equality. I know this and I’m not a bloody American. But this is a federal court and has limited effect. Either DOMA must be revoked at a legislative level or the SCOTUS must act. Don’t hold your breath – you won’t take another until after November.

    Keep in mind that the Obama administration, represented by the Department of Justice, are in agreement that the law is not Constitutional and no longer defend it on that basis. The DoJ went as far as saying that legislative record of the day show that the law was passed out of “animus” to LGBT people and serves no legitimate purpose.

    And yet this is all still pantomime and nothing will change at this point.

  3. What exactly does this mean/change/do? As a non-American, this seems like more of a general statement than anything which can be used. Can someone help me understand?

    1. Paddyswurds 31 May 2012, 5:26pm

      It means that the act which brought DOMA into law is un-constitutional and must now be revoked by the House and Senate. Whether they do that is another thing until there are more rulings against it where it is still being used, which it no doubt will. It is against the !4th amendment but is not in itself an amendment but is law law enacted, (unconstitutionally) under the 14th Amendment. The law makers were not vigilant enough when researching the law in the first place….

  4. theGentleWarrior 31 May 2012, 6:31pm

    It means DOMA is unconstitutional and therefore struck down and that a same-sex marriage is recognised by the federal Government.

    However because “The judges ruled, …., that the mandate should be stayed, saying a Supreme Court hearing was now “highly likely”, the Courts ruling will not take affect until a higher court (The Supreme Court) rules on the case as it will be appealed by the opposition.

    So, just one more court to go.

    1. Paddyswurds 31 May 2012, 7:24pm

      However the law still will have to be revoked by the House and Senate, because just ruling it unconstitutional won’t strike the law.

      1. Richard Gadsden 31 May 2012, 10:04pm

        Yes it will. SCOTUS can strike down laws.

        You just watch what they do to Obamacare.

        1. This story get your knickers in a twist, Rich? You’re wearing your mommy’s knickers?

        2. David Myers 2 Aug 2012, 8:40am

          Usually I don’t respond to you, but you are right that the US Supreme Court can strike down laws and they become void immediately regardless of whether the congress “repeals” them. Since this is two months later, having the advantage of hind site, I can now gloat about how wrong you were about Obamacare. Suffer! LOL.

  5. GulliverUK 31 May 2012, 9:38pm

    The Supreme Court ruling really needs to be quite wide-ranging, striking down every single one of those amendments banning same-sex marriage in each state. But then where to go. All the way and mandate that it is discriminatory not to allow same-sex marriage (bit beyond the scope of what they’re probably being asked to rule on), or the more slow track of allowing each state to then consider whether to allow same-sex marriage state-by-state.

    The whole thing really is a mess. Human and Civil rights should always be dealt with at the federal level, but states have become so used to taking these decisions I wonder how they would take a federal law mandating marriage rights for same-sex couples across the whole US !

    ps. We’re becoming like that in the US, with Scotland and NI making their own policy on some rights, like same-sex marriage. But interesting abortion is mandated by UK law, and Scotland isn’t entitled to rule on that issue.

    1. Paddyswurds 31 May 2012, 9:56pm

      A far as I know the Feds can bring in a federal Law allowing Marriage Equality which then trumps State law in that regard. They can also bring forward a Constitutional Amendment on Marriage which would also cancel out any State amendments.

  6. Rich (original) 1 Jun 2012, 1:07am

    Gay marriage is not possible on federal level unless all states will recognize it, unless the U.S. Constitution will be changed in tht future….

    1. Like you’d know…. LOL!

  7. This means that DOMA will be dead soon, thank God. It was made by the anti-gay Christians who are members of Right Wing Christian Hate Groups, who wanted to keep control over the LGBT people in America.

  8. mkhernandez007 1 Jun 2012, 3:23am

    This is one more new step to equality. Question is whether prop 8 or DOMA gets to the Supreme court and will they see them together as one case, or two different cases or none at all?

    Can you sign the petition I created, and pass it around to as many people as you can? Specifically can you post it on your facebook page?:

    There is even a facebook page:

  9. Now fast track it to The (High Court) Supremes.

  10. Gay Activist Paul Mitchell 1 Jun 2012, 5:40am

    This ruling is long overdue! Remember most (53 percent of Americans) SUPPORT marriage equality and call to an end to DOMA. It is 2012 for goodness sake people!

    The Clinton 1996 DOMA law has caused pain, hurt and suffering to gay couples – who just want to be treated with respect of their choice and recognise or recognition to marry the love of their lives! Love comes from the heart regardless of our gender and/or sexuality, not what’s between your legs!

    Why are Conservatives so obsessed with what goes on in bedrooms and people comfortable or interested in their own equipment [Seinfeld quote]!? Gay couples who have married legally are currently missing out on 1,147 rights, responsibilities, benefits, entitlements, obligations, etc – that they are rightfully entitled to.

    All members of Congress both Democrat and Republican need to work together as a bipartisan approach to fixing the injustice, bigoted, outdated and unconstitutional 1996 DOMA law by repealing it. It is high-time to pas

  11. Gay Activist Paul Mitchell 1 Jun 2012, 5:41am

    All members of Congress both Democrat and Republican need to work together as a bipartisan approach to fixing the injustice, bigoted, outdated and unconstitutional 1996 DOMA law by repealing it. It is high-time to pass the “Respect For Marriage Act” (RFMA). This will repeal DOMA finally once and for all!

    1. The GOP has spent the last couple of years being pretty obstructionist. They are now a the point where they would filibuster a bill put up by the POTUS, even if it had a cure for cancer.

      US politics has been insane since 2010. Hopefully November will clean up the mess.

      But right now, don’t hold your breath. Everyone has their eyes on Congress re-elections and won’t do anything even remotely brave or radical.

      1. David Myers 2 Aug 2012, 8:48am

        Actually now that two months has passed there are some exceptions to your statement about “brave or radical”. Now Obama has come out in favor of equal marriage and has used an Executive order to stop deportations of the children of illegal immigrants who have stayed out of legal trouble gotten an education and/or served in the US military. Both of these actions are brave and radical. Now we have word that a platform plank in support of gay marriage will be put forward at the Democratic National Convention.

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