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Legal Commentary
: The Volokh ConspiracyDOMA Section 3 Unconstitutional, Says Massachusetts District Court
By Dale Carpenter
That?s the decision this afternoon, based on equal protection principles applied to the federal government through the Fifth Amendment?s Due Process Clause. Section 3 of the Defense of Marriage Act of 1996 established a federal definition of marriage for the first time. This meant that the federal government could refuse to grant validly married same-sex couples the federal benefits and privileges accorded opposite-sex married couples. I?m still looking at the decision and will probably post soon.
UPDATE: In a companion case, the same judge has ruled that DOMA intrudes on the Tenth Amendment powers of the states. Very interesting.
Full post as published by The Volokh Conspiracy on July 08, 2010 (boomark / email).
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