Thursday, July 08, 2010

Federal judge in MA strikes down DOMA in two separate opinions, on 14th and 10th amendment grounds

A federal judge in Massachusetts (I could say, of course!) has issued two opinions striking down the Defense of Marriage Act (DOMA) which “Republicrat” President Bill Clinton, under some pressure, signed in 1996.

Judge Joseph Tauro found, in Gill v. U.S. Office of Personnel Management, that DOMA violates the Equal Protection Clause. (of the 14th Amendment, and also the 5th).

In Commonwealth of Massachusetts v. Department of Health & Human Services, he also ruled that regulating marriage is in the purview of the states, and that DOMA violates this (a tenth amendment ruling).

The Washington Blade story by Chris Johnson is here.
The text of the opinions is here.

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