For months marriage equality advocates and opponents have been anxiously awaiting a decision on the federal Prop 8 trial, which many believe will render California’s Prop 8 unconstitutional in that state and lead to a Supreme Court challenge of the Federal Defense of Marriage Act (DOMA.) But under the woodwork, as it were, another challenge to marriage inequality has been in the works, and just moments ago the case was decided, some believe rendering DOMA federally unconstitutional.
Via New England’s Bay Windows newspaper,
“In an enormous victory for same-sex marriage, a federal judge in Boston today (Thursday, July 8 ) ruled, in two separate cases, that a critical part of the federal Defense of Marriage Act (DOMA) unconstitutional.
“In one challenge brought by the state of Massachusetts, Judge Joseph Tauro ruled that Congress violated the Tenth Amendment to the U.S. Constitution when it passed DOMA and took from the states decisions concerning which couples can be considered married. In the other, Gill v. Office of Personnel Management, he ruled DOMA violates the equal protection principles embodied in the Due Process Clause of the Fifth Amendment.”
No doubt these decisions will be challenged and appealed to the Supreme Court, so we cannot expect marriage equality for all today. Even if DOMA is ultimately ruled unconstitutional, we will still need to win marriage state by state, as DOMA only allows states to decide marriage equality, and prohibits the federal government from recognizing same-sex marriages. But these are huge wins for our cause, and hopefully will somehow influence the Prop 8 decision.
One legal question must be, if part of a statute violates part of the Constitution, is that entire statute unconstitutional?
Maggie Gallagher must be thrilled. Think of all the cash she’ll be taking in now.