BOSTON – The federal law banning gay marriage is unconstitutional because it interferes with the right of a state to define the institution and therefore denies married gay couples some federal benefits, a federal judge ruled Thursday in Boston. U.S. District Judge Joseph ruled in favor of gay couples’ rights in two separate challenges to the Defense of Marriage Act, known as DOMA, a 1996 law that the Obama administration has argued for repealing. The rulings apply to Massachusetts but could have broader implications if they’re upheld on appeal. The state had argued the law denied benefits such as Medicaid to gay married couples in Massachusetts, where same-sex unions have been legal since 2004. Tauro agreed and said the act forces Massachusetts to discriminate against its own citizens in order to be eligible for federal funding in federal-state partnerships. LINK
Safe to say we can all expect the Obama administration’s Justice Department under Eric Holder to file immediate appeals based on the pre-eminence clause of the Constitution. After all that’s what they are using to challenge Arizona’s illegal immigration law, you know the one copied directly from its federal counterpart. The very same law this administration refuses to enforce thereby turning the entire country into an illegal alien safe haven. But I won’t hold my breath. Remember this is the same Injustice Department that refuses to prosecute civil rights cases when the victims are white. Go figure.
Tom McClusky, senior vice president of the conservative Family Research Council, said the rulings result in part from “the deliberately weak legal defense of DOMA” that the Obama administration mounted on behalf of the government.
You have to love this: states can define marriage but not who is an illegal alien. What’s to say they won’t incorrectly label someone gay who is just chipper? Can we really expect bureaucrats and law enforcement at the state or local level to carry out these laws in an unbiased fashion or know who is gay and who isn’t? SNARK
“One things that’s going to be really interesting to watch is whether the Obama administration appeals or not,” he said.
Ya think? Odds anyone? It’s got to be tough to be Obama these days. His despicable anti-American, anti-family policies bite him in the ass at every turn. Now he will be forced to defend gay marriage outright since gay rights is as much a part of the democrat party platform as abortion is. You have to hand it to democrats though. Their platform is as intricate as an NFL playbook. They support killing unborn babies but not cop killers, rapists or murderers. They support saving the environment except when an environmental disaster will further their radical environmental policies. They support states rights when it comes to elevating gay marriage to the status of traditional marriage but they will sue a state that tries to enforce immigration laws they refuse to. Whew. No wonder democrats are always dancing on the head of a pin.