Federal Appeals Court Rules DOMA Unconstitutional

[E.J.]

The First Circuit Court of Appeals has ruled that Section 3 of the Defense of Marriage Act, the section that bars federal recognition of legal marriages granted by the states, is unconstitutional. The three-judge panel ruled unanimously to uphold Federal District Judge Joseph Tauro’s 2010 decision.

read the rest here:

http://www.boxturtle.../45144#comments

Judge Michael Boudin, a President George H.W. Bush appointee, wrote the decission:

http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=10-2204P.01A

[blue]

The only thing unequivocal and ambivalent in that first (box turtle) article's quote is the judge's concluding paragraph. Otherwise, to me, it sounds like he's arguing both ways at once.

The end result, though, is that they are passing it on up in hopes the Supreme Court will decide the issue finally, and meanwhile, the First Circuit Court decision finds DOMA illegal, meaning (one hopes) that same-sex married couples would be eligible for the same benefits as (traditional opposite-sex) married couples, at least in states where same-sex marriage is legal. It leaves the door open for those states where same-sex marriages are not legally recognized.

I'll take it as a win. Could be worse. Could be better. Let's hope it lasts, or is improved upon. Don't anybody hold your breath.