Judge Rules Defense of Marriage Act Is Unconstitutional; Will President Obama’s Justice Department Appeal?
This afternoon, U.S. District Court Judge Joseph Tauro ruled that the Defense of Marriage Act's denial of federal rights and benefits to lawfully married Massachusetts couples "offends" the notion of states' rights as enshrined in the10th amendment to the U.S. Constitution.
A Justice Department spokesperson said that Obama administration was "reviewing the decision," and had not yet decided whether to appeal to defend a law against same sex marriage that President Obama says he opposes.
Tauro, nominated to the bench by President Richard Nixon, ruled that DOMA violates the U.S. Constitution "by intruding on areas of exclusive state authority, as well as the Spending Clause, by forcing the Commonwealth to engage in invidious discrimination against its own citizens in order to receive and retain federal funds in connection with two joint federal-state programs."
You can read the ruling HERE.
The case began in March 2009, when Gay & Lesbian Advocates & Defenders filed a suit against the Obama administration's Office of Personnel Management on behalf of eight married couples and three surviving spouses from Massachusetts denied federal spousal rights and benefits because of DOMA, a federal law that defines marriage as "only a legal union between one man and one woman as husband and wife, and the word ‘spouse’ refers only to a person of the opposite sex who is a husband or a wife.”
That case was combined with another one from July 2009, when the Commonwealth of Massachusetts sued the federal government for mandating that Massachusetts treat some of its married citizens differently from other when operating federally-funded programs such as veterans' cemeteries and Medicaid.
In 2003, the Supreme Judicial Court of Massachusetts ruled that not allowing same-sex couples to be married violated the equality and liberty provisions of the Massachusetts Constitution, so on May 17, 2004, Massachusetts became the first state to issue marriage licenses to same-sex couples. (Vermont had previously allowed civil unions.)
But because of DOMA, signed into law by President Clinton in 1996, the federal government does not recognize those marriages.
Meaning, for instance, that Veterans Affairs' regulations requiring that veterans’ cemeteries “be operated solely for the intermentof veterans, their spouses, surviving spouses, [and certain of their] children" do not apply to same-sex spouses. In June 2008, an arm of the VA called the National Cemetery Administration issued a directive stating that “individuals in a same-sex civil union or marriage are not eligible for burial in a national cemetery or State veterans cemetery that receives federal grant funding based on being the spouse or surviving spouse of a same-sex veteran.”
In Zanesville, Ohio, two years ago, candidate Obama said that DOMA "was an unnecessary imposition on what had been the traditional rules governing marriage and how states interact on the issues of marriage." His campaign website stated that he supported the complete repeal of DOMA.
"Federal law should not discriminate in any way against gay and lesbian couples," he said, "which is precisely what DOMA does."
But the Justice Department has defended DOMA, Justice Department spokeswoman Tracy Schmaler explaining that while President Obama “has said he wants to see a legislative repeal of the Defense of Marriage Act because it prevents LGBT (lesbian, gay, bisexual, transgender) couples from being granted equal rights and benefits … until Congress passes legislation repealing the law, the administration will continue to defend the statute when it is challenged in the justice system."
- Jake Tapper
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Must be so confusing in the White House with all of the pandering to so many different groups.
Obama is a man without principles who will toss anyone under the bus to get votes.
Now that the Independents are gone Obama needs gay voters more than ever.
He’s such a “fierce adcvocate” for gays.
But can’t even muster the courage to support gay marriage.
What a joke.
Posted by: greg c | July 8, 2010, 11:24 pm 11:24 pm
What Obama says and what he actually does are two very different things.
He does it because he keeps getting away with it.
Posted by: ollie | July 8, 2010, 11:33 pm 11:33 pm
So even though Obama opposes DOMA, he and the Justice Department will defend the act until Congress repeals it. I wasn’t aware you could oppose something, yet still support it. Sounds like something resembling codependency with alcoholism.
More simply and accurately put, it’s refusing to take a stand on an issue either way.
Posted by: jane | July 9, 2010, 12:38 am 12:38 am
Marriage is a voluntary contract between two people. What does the government have to do with that?
Oh right, Government doesn’t abide by their own contracts anymore… Now this is beginning to make sense.
Posted by: CBA | July 9, 2010, 1:57 am 1:57 am
Now given the opportunity, it is time for Obama to act
Posted by: Ryan C | July 9, 2010, 3:14 am 3:14 am
I find it hard to believe in the year 2010 that this is still an issue.
Posted by: dk | July 9, 2010, 3:39 am 3:39 am
Let Mass do what they want. It should be up to individual states whether they want this to go on or not. All the gays who want to get married will have to move to those states. Let segregation live already
Posted by: Bob | July 9, 2010, 7:55 am 7:55 am
THis is getting ridiculous!!! Every time this administration disagrees with something they try to call it unconstitutional. Very convenient to hide be hind the Constitution when it benefits your agenda.
Posted by: mj | July 9, 2010, 8:36 am 8:36 am
This is all sooooo silly.
How many times do I have to say it.
There is no such thing as Same Sex Marriage.
Marriage is the union of a Man and a Woman.
Garriage is the union of two people of the same sex.
Call it what it is and then proceed to grant whatever privileges or rights whichever state wants to.
End of story, problem solved.
Posted by: Noz | July 9, 2010, 8:54 am 8:54 am
As with many other hot button issues, POTUS has managed to either avoid or bungle his stance.
Posted by: Dontget818 | July 9, 2010, 9:03 am 9:03 am
Denial of marriage to gays is unconstitutional. This issue needs to go before the Supreme Court and settled once and for all.
Posted by: Victor Purinton | July 9, 2010, 9:44 am 9:44 am
What are the judges gonna try next? Say that the 31 states that have voted to keep marriage between one man and one woman are unconstitutional? Talk about out of touch with the will of the people. Even in CA, the biggest liberal state in the nation, a 2000 ballot measure establishing a California state law against same-sex marriage passed with 61 percent of the vote.
Posted by: EPU | July 9, 2010, 9:47 am 9:47 am
“But can’t even muster the courage to support gay marriage.” – greg c
(sigh)
Greg, It’s called Garriage.
Posted by: Noz | July 9, 2010, 10:03 am 10:03 am
I think the most revealing example of the real attitude was the SNL version of Joe Biden’s ‘hospital visiting’ skit.
Posted by: Dontget818 | July 9, 2010, 10:13 am 10:13 am
Why are you people not protesting Obama at his home or in DC???? Are you all affraid of him??? You all protested everyone else but this guy gets a pass? Or are you all after your 15 min of fame and oh well who cares now?? Wow what a group of idealists.
Posted by: Jim Rod | July 9, 2010, 11:15 am 11:15 am
I doubt it. It is a very complex thing for Obama because he has unresolved personal issues and complex political considerations. Leaving aside his religion or personal beliefs Obama is in a pickle. He wants to keep gays as a core fundraising group, yet also has seeming dedicated his administration to Islamic pursuits (even extending to NASA.) These are at odds. He also wants to continue the aggrandisement and supremacy of the Federal govt and yet this court decision is a “states rights” decision- a direct contradiction to Obama’s beliefs in a “top down”, “command and control” political-economic system. Lastly, all these things must be evaluated in how they impact the Comintern goals. He has hard decisions to make.
Posted by: Ed | July 9, 2010, 11:17 am 11:17 am
LOL…LOL….all you “posters” who will “try” to bash this President on any issue. The “electorate” is the problem because of the percentage of it that would “allow” this topic to be a “hot button emotional issue”. And he (the President) is simply smart enough to avoid an issue of this type with all the more important items “on his plate”. Look at how “dumbed down” the electorate is. After the financial disaster of ’07 and ’08 you would think EVERY ONE in the middle class would be “clamoring” for financial regulation” to get passed. We…in this society just do not understand what is most important. Even when it adversely affects our own “socioeconmic status”.
Posted by: CND FOX | July 9, 2010, 12:14 pm 12:14 pm
CND FOX —- You can’t bring yourself to admit 2009 was a financial disaster because it might just taint our President? He has added to the financial disaster by throwing $2 trillion out the window with insurance regulation and Wall street gifts. That is a financial disaster. Now, the GOP wants to use unspent stimulus on unemployment extensions and the Dems try to play it as the GOP blocking extensions. You could never bring yourself to admit this President has made mistakes.
Posted by: lfrichar | July 9, 2010, 12:26 pm 12:26 pm
The administration’s legal strategy is a matter of slow and careful grinding of the wheels of law– completely ignoring the fact that there are people’s LIVES stuck in those gears, and that each month DOMA is paperworked around is another month that DOMA is screwing people over. To dream that DOMA will be shredded in the sweet by-and-by is NO consolation now. Any idiocy /wins/ for as long as it prevails, regardless of whether its days are numbered.
Posted by: Sean Burke | July 9, 2010, 12:33 pm 12:33 pm
@dk: Well, it’s 2010 and it’s still an issue /in the US!/
As with other things to do with gays and lesbians, Canada and the EU have their act together… leaving the US to enjoy some extra decades of soul-killing law farce.
Posted by: Sean Burke | July 9, 2010, 12:37 pm 12:37 pm
The house of cards will fall once the supreme court hears the California case. However it might be a good idea for every state that has enacted marriage equality to join in the lawsuit. It’s harder to fight several states than it is to fight one state. Remeber, DOMA rules also apply to those other states so there is some self-interest.
Posted by: Wayne | July 9, 2010, 1:15 pm 1:15 pm
what about gays in the military who want to marry? what if they’re gay new black panthers? how about a “don’t ask don’t tell i’m a married gay new black panther” policy?
Posted by: davidfrat21 | July 9, 2010, 1:17 pm 1:17 pm
Gays and lesbians can establish every legal relationship available to a straight male and female who get married.
Posted by: Mike | July 9, 2010, 1:41 pm 1:41 pm
CND FOX….do you have pom poms? the middle class knows than FANNIE MAE and FREDDIE mac and frank and dood have as much to do with this economic downturn as anyone. people also have figured out the BIG O is full of it and with all his education to think that the plight of many cannot be cured by taking from others.2 years unemployment while illegals fill jobs? that must be what they teach at harvard these days. you have unerestimated what it is to be an american….self reliance is in our blood.
Posted by: catman | July 9, 2010, 1:42 pm 1:42 pm
ryanc …i agree with you…its time for obama to act.i am one conservative that believes that its discrimination. if you are dumb enough to want to get married when you dont have to we dont need the government in the way. why obama keeps playing a game on this one is beyond me. only thought is some glimmer of hope that independents will see him in a better light.
Posted by: catman | July 9, 2010, 1:46 pm 1:46 pm
Obama is required to defend DOMA as a law of the land, kind of like he does for immigration but different. :)
I do not undertand how “Marriage” is between a Man and a Woman yet Garriage is between to gays. Using that analogy why would it not be Warriage or MWarrige?
Posted by: John | July 9, 2010, 1:49 pm 1:49 pm
Gee, what a surprise ruling, especially given the FACT that U.S. District Court Judge Joseph Tauro is GAY and “married” to his boyfriend!
Posted by: TeaPartyyPatriot | July 9, 2010, 1:49 pm 1:49 pm
CBA the fact the government dicriminates in such areas as health care and social security for married homosexuals is the issue in this case. It has nothing to do with observing the validity of the contract
Posted by: John | July 9, 2010, 1:51 pm 1:51 pm
“ifrichar and catman”…LOl…LOL…go ahead and make up all your “own set of facts” and keep creating that fantasy world where you think you will “derail this Presidency”. I can tell you right now…your dreaming.
Posted by: CND FOX | July 9, 2010, 1:59 pm 1:59 pm
The Judge is wrong and falsely interpets the U.S. Constitution. The U.S. Congress in 2006 (under President Clinton)had the right to create the Defense of Marriage Act.
Posted by: Peter King | July 9, 2010, 2:02 pm 2:02 pm
“Using that analogy why would it not be Warriage or MWarrige?” – John
Ha ha!
Considering how many Marriages end in Divorce I kinda like your word WARriage.
But to answer your question, you’d have to go back to the word origins of Marriage.
Garriage is a recent word but you have to admire the English Language, both descriptive and ever evolving.
Posted by: Noz | July 9, 2010, 4:16 pm 4:16 pm
Recognizing gay marriage would impact the death tax collections.. negatively..
Posted by: Dontget818 | July 9, 2010, 4:47 pm 4:47 pm
DOMA and DADT are both unconstitutional, they violate the 14th Amendment!
Posted by: thomasAlex | July 9, 2010, 5:09 pm 5:09 pm
Perfect! The Obama administration will sue Arizona because their law conflicts with Federal prerogatives, but will not defend the Federal DOMA because it interferes with State prerogatives…
Posted by: Quo Warranto? | July 10, 2010, 2:41 am 2:41 am
This is what we get, since the APA made a political, rather than clinical, decision almost 40 years ago to reclassify aberrant behavior as alternative and then normal. If you repeat something enough, it gradually gains acceptance as the truth.
Posted by: Dawn | July 14, 2010, 7:16 am 7:16 am
Have we forgotten? This is, unfortunately, not about states’ rights– the people of Massachusetts did not vote for gay marriage; the court imposed it, overturning their will. Now we are talking about it as if the PEOPLE of Massachusetts wanted same-sex marriage legalized and that the federal gov’t is going against their will. This is how twisted this has become to convince the public to defend this as States’ rights.
Posted by: Dawn | July 14, 2010, 7:24 am 7:24 am
First of all, I would like to point out that the “administration” is not the courts. The judicial branch is separate from the executive branch, for those of you who obviously have no clue about your own government. And second of all, courts to do not rule things unconstitutional to benefit any agenda. It’s called “judicial review” and it keeps the other two branches in line. Without our system of checks and balances, you can say “goodbye” to your liberties. And finally, NO ONE has a rational basis for an argument against “gay rights,” simply because of the fact that gays are not asking for anything more than what “straights” already have — equal protection under the law, as guaranteed in the United States Constitution. Besides, it’s nobody’s business what consenting adults do in their bedrooms. Why you are so interested, I cannot begin to imagine. And don’t try to back up your argument with hysterical claims that everyone will just magically turn gay and the world is just doomed if gays have equal rights. Have some common sense and get over yourselves. Homosexuality happens, and it’s been around for thousands of years. It’s nothing new, and no matter how much you believe you are helping the world out by suppressing gays, there will ALWAYS be gay people. As a matter of fact, someone close to you probably is and you have no idea. Grow up and come to terms with reality.
Posted by: A.J.B. | September 14, 2010, 9:14 am 9:14 am
DOMA is unconstitutional. It validates segregation between social groups in the United States. It specifically prevents individuals from having the freedom to marry the person (or people) they wish to marry, with the exception of one man and one woman – which is a BIBLICAL restriction. This illustrates the Christian fundamentalist morality that underpins our government. What about religions that allow plural marriage? Restricting marriage to one man, one woman, also affects these groups. Again, making the point that DOMA, with it’s obvious foundation on the Church, violates the separation of Church and State that is specifically mandated by the Constitution. Moreover, it is a Civil Rights violation. It denies citizens equal protection under the law. It violates the spirit, if not the letter, of the Civil Rights act of 1964 by withholding funds from all citizens who would otherwise be eligible for federally assisted programs under the aegis of defining marriage by limited parameters, and denying anyone who wishes to be married outside these parameters access to these funds and programs.
The States do have authority under the constitution to regulate themselves as their citizens see fit, with respect to marriage and the family. So not only does DOMA violate Civil Rights, which are protected almost fanatically today in most other areas, it violates the rights of the states to regulate themselves. Every state recognizes marriages of American citizens that happen in other States, or even overseas, so long as they are between one man and one woman. If the Federal Government should have any stance at all, they should be pushing to not only have DOMA repealed, but to instate a policy requiring every state to recognize all marriages equally. If a state doesn’t recognize Gay marriages performed in another State or outside the country, then they should not recognize any marriage that takes place outside their borders at all.
THAT is the only constitutional Stance that the Federal Government can legitimately take. Mandate that the states recognize all marriages equally – acknowledge them all, or none.
Posted by: M. English | September 27, 2010, 7:34 pm 7:34 pm