Federal Court Finds DOMA Unconstitutional

In a huge victory for same-sex couples, a Boston federal court judge today found Section 3 of the "Defense of Marriage Act" (DOMA), which defines marriage as between a man and a woman, unconstitutional.  The plaintiffs argued that DOMA violated their right to equal protection under the law by denying them Social Security benefits, federal health insurance benefits, and the ability to file joint tax returns simply because they were of the same gender.  The court found that Congress had overstepped its bounds in dictating to the states what could constitute a marriage, saying "The states alone are empowered to determine who is eligible to marry."  Rejecting all of the excuses offered by the government in defense of DOMA, the judge concluded that an irrational prejudice against same-sex marriage – like earlier prejudice against mixed-race marriages – motivated DOMA's definition.  As a result, the court ruled that Section 3 of DOMA was unconstitutional. 

This decision will surely be appealed and while that appeal is pending, the law will remain in place.  However, this ruling is a substantial victory that could open the way for same-sex couples to enjoy all the same federal rights and benefits that married couples now experience. 

Click here to download and read the decision