Gay Marriage Ban Unconstitutional, Mass. Federal Judge Rules

July 12th, 2010 - 7:38 pm ICT by GD  

By Gina Gomez
gayBoston, July 12, (THAINDIAN NEWS) In what is being perceived as a major victory for the same-sex couples, a federal judge in Boston, Massachusetts declared a key element of the Defense of Marriage Act (DOMA) which recognizes union only between a man and a woman, as unconstitutional. The judge, Joseph L. Tauro struck down at the 1996 law and reached the decision on the basis that the federal government rather than the states have the jurisdiction over the marriage definition.

In his ruling Judge Joseph L. Tauro stated that the court has determined that the authority to give recognition to same-sex marriages among its residents lies well within the Commonwealth. The federal judge further contended that the same-sex couples are liable to all the rights, benefits as well as privileges that are enjoyed by people owing to their marital status. Moreover, it has also been emphasized that by means of DOMA, the government is actually encroaching upon the province of the state.

No prizes for guessing that the ruling by the federal judge has been hailed by the members of the gay and lesbian community who have added that the decision taken by Judge Joseph L. Tauro only affirms that the same-sex couples are entitled to same spousal privileges as well as protection as married couples. At the same time, Attorney General Martha Coakley has also supported the ruling saying that it is indeed a landmark decision which would go a long way in achieving equality for all the married couples in Massachusetts and also ensuring that all the citizens enjoy the same kind of rights and privileges.

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