In a victory for gay marriage advocates that rivals the enormity of Proposition 8 in California, the First Circuit U.S. Court of Appeals in Boston today upheld a lower court's ruling and declared the federal Defense of Marriage Act unconsitutional.
From the court's opinion:
"[M]any Americans believe that marriage is the union of a man and a woman, and most Americans live in states where that is the law today. One virtue of federalism is that it permits this diversity of governance based on local choice, but this applies as well to the states that have chosen to legalize same-sex marriage. Under current Supreme Court authority, Congress' denial of federal benefits to same-sex couples lawfully married in Massachusetts has not been adequately supported by any permissible federal interest."
Expect the ruling to be appealed to the U.S. Supreme Court.
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