A federal appeals court in Boston has ruled unanimously that the Defense of Marriage Act is unconstitutional, in effect reaching the same conclusion as the Obama Justice Department.
The case is almost certainly destined to be decided by the Supreme Court, a fact the appeals court noted in delaying implementation of its ruling until the Supreme Court gets a shot at it.
The ruling is certainly founded in logic and reason. The court ruled that the federal government cannot confer benefits on those who were married under Georgia law or Kansas law and then deny benefits to those married under Massachusetts law, which allows gay couples to marry.
In one example, federal law allows the spouses of military veterans to be buried alongside them in military cemeteries. But DOMA would deny that right to gay spouses of veterans. The court found that violates both the right of gay Americans to equal protection under the law and violates the authority of states to regulate marriage.
– Jay Bookman