Federal appeals Court Rules Defense of Marriage Act is Unconstitutional

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Boston, MA - A federal court ruled Thursday that the 1996 Defense of Marriage Act (DOMA) unlawfully denies a married homosexual couple the federal rights and privileges granted to a heterosexual one. The decision was unanimous on the three-judge panel 1st circuit court of appeals .

Judge Michael Boudin, who wrote the decision stated, "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," as reported by boston.com

However, the court's ruling will only be enforced after the U.S. Supreme Court makes its decision on the law. This means that same-sex married couples will have to wait for the Supreme Court's decision before they know whether they are entitled to the same financial benefits as a heterosexual couple.

However, the ruling raises the issue of same-sex marriage to the national podium, promoting it from a State issue to a federal one.

DOMA was created as a result of the state of Hawaii recognizing same-sex marriages in 1996 under the Clinton administration. According to the law, only a marriage between a man and a woman entitles the couple to federal financial entitlements such as social security benefits and filing for joint-federal taxes among others.

Massachusetts was the first State to legalize same-sex marriage in May 2004. Since then seven others have done the same.

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