Marriage of Man+Woman unconstitutional in Mass.

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Marriage of Man+Woman unconstitutional in Mass.

PostPosted by verdilak » Fri Jul 09, 2010 2:30 am

The federal Defense of Marriage Act has been ruled unconstitutional by Judge Joseph Tauro of the District Court of Massachusetts.

This action presents a challenge to the constitutionality of Section 3 of the Defense of
Marriage Act1 as applied to Plaintiffs, who are seven same-sex couples married in Massachusetts
and three survivors of same-sex spouses, also married in Massachusetts.2 Specifically, Plaintiffs
contend that, due to the operation of Section 3 of the Defense of Marriage Act, they have been
denied certain federal marriage-based benefits that are available to similarly-situated heterosexual
couples, in violation of the equal protection principles embodied in the Due Process Clause of the
Fifth Amendment.3 Because this court agrees, Defendants’ Motion to Dismiss [#20] is DENIED
and Plaintiffs’ Motion for Summary Judgment [#25] is ALLOWED, except with regard to
Plaintiff Dean Hara’s claim for enrollment in the Federal Employees Health Benefits Plan, as he
lacks standing to pursue that claim in this court.
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