Is DOMA dead?
A U.S. Appeals Court just gave DOMA and its supporters a serious setback:
(CNN) — A key part of the law banning federal recognition of same-sex marriage was struck down as unconstitutional by a U.S. appeals court Thursday.
The Defense of Marriage Act — known as DOMA — defines marriage for federal purposes as unions exclusively between a man and woman.
At issue is whether the federal government can deny tax, health and pension benefits to same-sex couples in states where they can legally marry.
“If we are right in thinking that disparate impact on minority interests and federalism concerns both require somewhat more in this case than almost automatic deference to Congress’ will, this statute fails that test,” said the three judge panel.
The 1st Circuit U.S. Court of Appeals, based in Boston, did not rule on the federal law’s other key provision: that states that do not allow same-sex marriages cannot be forced to recognize such unions performed in other states.
Personally, I don’t see why it’s any one’s business who marries who. Gay friends who want to marry aren’t going to impact me or my marriage…unless my wife and I argue over the wedding presents.
Of course, all this depends on whether Uncle Sam wants to take things to the next level. Only time will really tell what ther result of The case is Massachusetts v. U.S. Dept. of Health and Human Services (10-2204) will really be.