Boston Appeals Court Strikes Down DOMA, Rules It Unconstitutional

The 1st U.S. Circuit Court of Appeals in Boston on Thursday ruled that the Defense of Marriage Act, more commonly referred to as DOMA, is discriminatory against gay couples because it defines marriage as a union between a man and a woman.

The court ruled that by making the “man and woman” distinction the law denies many federal benefits to gay married couples.

Passed in 1996 at a time when Hawaii said it would legalize gay marriage the law was arguably setup so other states would not be required to recognize those marriages. Since that time Massachusetts led a charge in 2004 to legalize gay marriage, a move that has led to eight more states legalizing the practice.

In rendering its decision the appeals court agreed with a lower court judge who in 2010 ruled that the law was unconstitutional because it interferes with a states right to define marriage and because it denies married gay couples federal benefits offered to other married couples.

A lawyer defending gay married couples said the law amounts to “across-the-board disrespect” for gay married couples” while arguing that states had the rights to regulate marriage as they saw fit for more than 200 years before DOMA was introduced.

In 2011 President Obama announced that the U.S. Department of Justice would no longer defend DOMA while House Speaker John Boehner attempted to defend the law using the Bipartisan Legal Advisory Group.

In the meantime the issue of gay marriage continues to be a hot button topic, specifically since President Obama voiced his full support for gay marriage.