U.S. District Court Judge Joseph Tauro, appointed to the federal bench in 1972, ruled this afternoon in Gill v. Office of Personnel Management that Section 3 of the Defense of Marriage Act violates the equal protection of the laws guaranteed by the Due Process Clause of the Fifth Amendment to the U.S. Constitution. A companion decision in Massachusetts v. U.S. Dep't of Health and Human Services also was issued, with Tauro finding that DOMA also violates the Tenth Amendment and the Spending Clause of the Constitution.
The Gill ruling: 2010-07-08-gill-district-court-decision.pdf
The Massachusetts ruling: 2010-07-08-massachusetts-district-court-decision.pdf
Thursday, July 08, 2010
DOMA On The Defensive
A US District Judge has ruled against section 3 of the Defense of Marriage Act, ruling that it violates the Constitution in numerous areas. This is quite a victory for equal rights in this country and is a significant step towards getting Bob Barr's monstrosity repealed. No doubt the Obama regime will appeal the judges decision, but the stage is set for this abomination to finally be struck down.