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NEW: Circuit Court Rules Defense of Marriage Act Unconstitutional

Thursday, May 31, 2012

 

The 1996 federal Defense of Marriage Act was declared unconstitutional by the 1st U.S. Circuit Court of Appeals in Boston today.

The ruling, which overturns Congress' attempt to prevent legal gay marriages from one state being recognized in other states, applies only in Massachusetts, Maine, New Hampshire, Rhode Island and Puerto Rico.

While the ruling is good news for same-sex couples, the 1st Circuit Court of Appeals ruling is not enforceable until the Supreme Court rules on the matter, since it is the only authority over federal law.

GoLocalWorcester MINDSETTER™ Grace Ross called the decision an important milestone.  "These changes happen at the state level, then shift to the national level," Ross said.  "Once it's no longer illegal, people will figure out the sky doesn't fall."

In a press release, MassEquality Executive Director Kara Suffredini, Esq said “The unmistakable trend in our country is toward public acceptance and embrace of marriage equality. Here in Massachusetts we have joyously celebrated our right to marry for nearly eight years. What we have learned is that our families are safer, healthier, and happier when they are treated with dignity and fairness. We have also learned that our greater civic communities are strengthened as well. We look forward to the day that the marriages of same-sex couples are celebrated everywhere and at every level of government.”

Carly Burton, deputy director for MassEquality, said the ruling was good news.  "I think it's just another signal that the legal opposition to same sex marriage is crumbling," she said.  

Rev. Aaron Payson, minister at the Unitarian Universalist Church of Worcester, said he was very pleased with the ruling.

“I think the court is right on,” Payson said. “My read is that the court is finally addressing access for gay and lesbian couples to federal benefits like social security and inheritance.

“We’re moving closer to seeing parity for gay and lesbian couples,” he said.

Payson, who has been performing Holy Unions for gay and lesbian couples for more than two decades, was one of the first clergy in the state to officiate at a legal same-sex marriage.

“One of the seven couples that brought the original lawsuit belongs to our congregation,” Payson said.
 

 

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