In a ruling that could have broad implications for same-sex married couples in Connecticut, a federal judge in Massachusetts today ruled that the federal Defense of Marriage Act is unconstitutional.
And perhaps Connecticut, the second state in the nation to permit same-sex couples to marry, as well. "This court has determined that it is clearly within the authority of the Commonwealth to recognize same-sex marriages among its residents, and to afford those individuals in same-sex marriages any benefits, rights, and privileges to which they are entitled by virtue of their marital status," Judge Tauro wrote. "The federal government, by enacting and enforcing DOMA, plainly encroaches upon the firmly entrenched province of the state."
The 1996 law, signed by Democratic President Bill Clinton, deprives same-sex married couples their Constitutional right to equal protection by denying them certain rights that are available to married heterosexual couples, Judge Joseph L. Tauro ruled.
The Boston-based Gay and Lesbian Advocates and Defenders filed a federal lawsuit in Massachusetts challenging the law in March, 2009. Massachusetts Attorney General Martha Coakley also fied a similar lawsuit. In that case, Judge Tauro ruled that the DOMA compels the state to discriminate against its own citizens, in order to qualify for certain federal funds.
"Today the Court simply affirmed that our country won't tolerate second-class marriages," said Mary Bonauto of GLAD said in a news release issued by the group. "I'm pleased that Judge Tauro recognized that married same-sex couples and surviving spouses have been seriously harmed by DOMA and that the plaintiffs deserve the same opportunities to care and provide for each other and for their children that other families enjoy. This ruling will make a real difference for countless families in Massachusetts."