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Federal Gay marriage Ban is Unconstitutional, agree?

A U.S. judge in Boston has ruled that a federal gay marriage ban is unconstitutional because it interferes with the right of a state to define marriage.

U.S. District Judge Joseph Tauro on Thursday ruled in favor of gay couples' rights in two separate challenges to the 1996 Defense of Marriage Act, known as DOMA.

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. The act "plainly encroaches" upon the right of the state to determine marriage, Tauro said in his ruling on a lawsuit filed by state Attorney General Martha Coakley.


Asked by sweet-a-kins at 6:43 PM on Jul. 8, 2010 in Politics & Current Events

Level 34 (67,502 Credits)
This question is closed.
Answers (50)
  • I don't see why so many people are so against something that has nothing to do with them.

    IF you don't like gay sex, don't have gay sex. If you have a problem with Gay marriage, don't marry a gay.

    If it's because the Bible is against it, well, one would think you would be even more for it, because that means Christ is coming back soon.

    Religion doesn't belong in our law making.

    Answer by lovinangels at 1:07 AM on Jul. 9, 2010

  • I think that banning gay marriage is a violation of basic human rights.
    Two consenting adults who are not related to each other should be allowed to marry if they want to.

    Answer by Laila-May at 6:44 PM on Jul. 8, 2010

  • I think it is unconstitutional for several reasons.

    Answer by Erin814 at 6:44 PM on Jul. 8, 2010

  • a state CAN find fault with a federal law when it comes to gay rights, and as a state demand to be able to do what it sees fit, except when it comes to illegals?! Got it!

    Or, better yet, how does this judge reconcile this decision with Roe V Wade? Which gave the federal government the right to tell states what to do on the issue of abortion?!

    Maybe he's not into reading the laws on the books just like the "illustrious" Obama Administration?! LOL

    Answer by LoriKeet at 7:03 PM on Jul. 8, 2010

  • I think is wrong to ban two adults who are consenting from getting married. Just let them marry! It has no affect on anyone whether 2 people of the same sex marry.

    Answer by Mom2Just1 at 9:50 PM on Jul. 8, 2010

  • I think it's discrimination. What if we said left handed people can't get married? Strange analogy but really...

    Answer by BluDog at 6:50 PM on Jul. 8, 2010

  • I agree!!!!

    Answer by older at 7:13 PM on Jul. 8, 2010

  • I am against gay marriage but would live with the states deciding which way to go.

    Answer by tnmomofive at 8:55 PM on Jul. 8, 2010

  • Let me make sure that I understand this....
    If a state passes a law which does not agree with Federal Law, they can sue and overturn Federal Law.

    If a state passes a state law to enforce Federal Law, the Federal Gov't can sue the state.

    Nope, I'm still confused and don't understand.


    Answer by 29again at 9:58 PM on Jul. 8, 2010

  • The government's job isn't morality. That's for individuals to deal with, with whatever system of beliefs and religion makes that work for each person. The governments interest must be in protecting the rights of the people, and any law on the books that is designed solely to discriminate must be repealed if we are to claim to have a free and equal nation. Until the government gets it's tentacles out of marriage entirely, the 14th and 5th Amendments are clear, the laws much protect all the people equally.

    Answer by Jenny-talia at 10:41 PM on Jul. 8, 2010