July 9th, 2010
06:35 AM ET
12 years ago

Judge rules federal same-sex marriage ban unconstitutional

[cnn-photo-caption image= http://i2.cdn.turner.com/cnn/2010/images/07/09/art.samesexmarriage.0709u.gi.jpg caption ="A federal judge in Boston, Massachusetts has ruled that the federal ban on gay marriage is unconstitutional."](CNN) - A federal judge in Boston, Massachusetts, has ruled that the federal ban on gay marriage is unconstitutional, because it interferes with an individual state's right to define marriage.

The ruling gives same-sex married couples in Massachusetts the same right to federal benefits that heterosexual couples enjoy.

U.S. District Judge Joseph Tauro ruled that "as irrational prejudice plainly never constitutes a legitimate government interest," the Defense of Marriage Act (DOMA) violates the protection under the Fifth Amendment to the Constitution.

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Filed under: Massachusetts • Same-sex marriage
soundoff (2 Responses)
  1. hobart

    The judge is correct. The federal government took over a law reserved to the states.

    Now, let those hypocritical, lying so-called pro-states rights Republicans reveal their true colors. Their flip-flopping on states rights has nothing whatsoever to do with the Constitution, and everything to do with their cramming their authoritarian agenda down everyone's throats by whatever means possible.

    Why do Republicans hate America?

    July 9, 2010 07:58 am at 7:58 am |
  2. Black Viper

    Yes the ban it's unconstitutional because our founding fathers were gay and envision the society will deprave to what it 's now. It's sickinning.
    How many gays were in america or in world in 1817 compare to 2010?
    How many gay activist exist in 1817?
    Now that it has spread like a cancer we have to change the constitution to satisfy a minority?
    At the pace we are going everything will become unconstitutional in the name of liberty.
    For those of you who think being against gay has something to do with religion i urge you to go to your subconscience and look around you or see further than your nose by looking at mother nature.
    It's just common sense.

    July 9, 2010 08:26 am at 8:26 am |