Judge Touro of the District of Massachusetts has now ruled that Section 3 of the Defense of Marriage Act is unconstitutional. This provision mandates that the federal government may not recognize gay marriage for any purpose. Touro's ruling seems to mean that a load of federal benefits - including immigration (sponsoring a spouse), social security, federal tax, family medical leave, tax deduction, and housing - must be granted to gay couples married and living in Massachusetts. And that's only a start. (See, e.g., don't ask, don't tell.)
So will Obama's Department of Justice appeal? Perhaps not. Obama could argue that it would be too dangerous...what if the First Circuit affirms? And if the administration does not appeal, that will mean that gay marriages for Massachusetts residents will carry a huge bundle of federal rights. Stay tuned. This is a big legal and political decision that will carry huge consequences for both upcoming elections and Obama's credibility on the left.
But a federal district judge can't issue precedential orders -- even the same federal district court doesn't have to follow that opinion. So his opinion doesn't really apply outside Massachusetts, does it?
Posted by: JD | July 10, 2010 at 09:42 PM
nothing is impossible for a willing heart.
Posted by: coach outlet | November 12, 2010 at 02:58 AM