Defense of Marriage Act Ruled Unconstitutional

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An appeals court ruled Thursday that the Defense of Marriage Act, a law that essentially denies a host of benefits to gay married couples, is unconstitutional.

The 1st U.S. Circuit Court of Appeals in Boston said the law, which defines marriage as a union between a man and a woman, discriminates against gay couples.

Ya think?

DOMA

The law was passed in 1996 by a Republican-led Congress at a time when it appeared as if Hawaii would become the first state to legalize gay marriage.

Since then, many states have instituted their own bans on gay marriage, while eight states have approved it. Massachusetts was the first in 2004.

The appeals court ruled the DOMA is unconstitutional because it interferes with the right of a state to define marriage and denies married gay couples federal benefits given to heterosexual married couples, including the ability to file joint tax returns.

Somewhere in Indiana, this church kid is singing an angry song.

During arguments before the appeals court last month, a lawyer for gay married couples said the law amounts to "across-the-board disrespect."

The couples argued that the power to define and regulate marriage had been left to states for more than 200 years before Congress passed this.

An attorney defending the law argued that Congress "wanted to preserve a traditional and uniform definition of marriage" and maintains the power to define terms used to federal statutes to distribute federal benefits. The court did not agree.

Last year, President Barack Obama announced the U.S. Department of Justice would no longer defend the constitutionality of the law. Obama voiced support for gay marriage earlier this spring, becoming the first U.S. President to do so.

Your view on same-sex marriage:

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@ Ben - Sounds like you have a few repressed urges to deal with! @ Gus - All people that have any type of fertility problems should therefore be banned from adopting? Best start building orphanages. @ Sally - if we left things the way cultures started you would not be able to spell nor in any way be entitled to an opinion, which in this case maybe wouldn't be the worse scenario!

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This is ridiculous why can't you all let people live. We should all have the same rights. Maybe we should have hetro waterfountains too

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Government should not be endorsing marriages in the first place or even giving them breaks that singles dont get. Their job should just be to recognise a contract between parties. "Marriage" should be left religious institutions. Some churches acknowledge gay marriage, so just go to the one that suits your needs. If gay marriage is offensive to you then dont attend those churches that recognise their marriage. Win-Win for everyone!!

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@Sally: why cant women just accept theoretical equality but accept they are inferior to men? Women who side with right wing homophobes are just as bad as any minorities who side with that hateful bag of assholes.

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Why not let them marry but not adopt. They cant produce life's in a reproductive way. They want their cake and eat it too. This is the biggest crock of shit I've ever heard of

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Means nothing- Boston with its Democrats- its still up to the states.