The 1st U.S. Circuit Court of Appeals in Boston said the Defense of Marriage Act, which defines marriage as a union between a man and a woman, discriminates against gay couples…. The appeals court agreed with a lower court judge who ruled in 2010 that the law is unconstitutional because it interferes with the right of a state to define marriage and denies married gay couples federal benefits given to heterosexual married couples, including the ability to file joint tax returns.
You can read the full opinion at this link. I have not yet done so.
Of interest: the judge who wrote the opinion, Michael Boudin, was a corporate lawyer at a big Washington law firm for 20 years, and then worked in President Reagan’s Justice Department, before being appointed to the federal district court and later the appeals court by President George H.W. Bush. He is no moonbat.
Also of interest is the last line of the opinion, in which Judge Boudin observes that “Supreme Court review of DOMA is highly likely.” No kidding. So, look for yet another blockbuster Supreme Court case sometime next year.
Disclosure: the attorney who argued on behalf of the government that the law is unconstitutional is a friend and former colleague of mine.