Prophetic Intelligence Briefings
Court: U.S. Gay Marriage Ban Unconstitutional · July 12, 2010
A U.S. federal judge in Boston has ruled that “the federal law banning gay marriage is unconstitutional because it interferes with the right of a state to define the institution [of marriage] and therefore denies married gay couples some federal benefits, a federal judge ruled Thursday in Boston.
“U.S. District Judge Joseph Tauro ruled in favor of gay couples’ rights in two separate challenges to the Defense of Marriage Act, known as DOMA, a 1996 law that the Obama administration has argued for repealing. The rulings apply to Massachusetts but could have broader implications if they’re upheld on appeal. The state had argued the law denied benefits such as Medicaid to gay married couples in Massachusetts, where same-sex unions have been legal since 2004.
“Nancy Gill, one of the plaintiffs in the lawsuit brought by GLAD, said she is ‘thrilled’ with the rulings. ‘I’m so happy I can’t even put it into words,’ she said. Gill and Marcelle Letourneau married in Massachusetts in 2004 after being together for more than 20 years.
“When Gill, a U.S. postal worker, tried to add Letourneau to her family health plan, she was denied. The couple were forced to get separate insurance for Letourneau, who has a medical transcription business at home and does administrative work for the local Visiting Nurse Association. Letourneau called the rulings ‘life-changing.’ ‘I can get on Nancy’s insurance,’ she said. ‘That’s just a huge victory, and it gives us peace of mind.’
Massachusetts Attorney General Martha Coakley, who filed the lawsuit, called it a “landmark decision” and “an important step toward achieving equality for all married couples in Massachusetts.”
“The Justice Department had argued the federal government had the right to set eligibility requirements for federal benefits — including requiring that those benefits go only to couples in marriages between a man and a woman.
“The lawsuit challenges only the portion of the [DOMA] law that prevents the federal government from affording pension and other benefits to same-sex couples. Since then, five states and the District of Columbia have legalized gay marriage…”
It is unclear if the Obama administration is going to appeal the ruling.
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