Kyle Bell

A federal judge in the 1st Circuit has ruled that the government’s federal ban on gay marriage is unconstitutional. The law being challenged in court, the Defense of Marriage Act (DOMA), was passed in 1996 to prevent recognition of gay marriages between states and to deny any federal recognition of marriage benefits to gay couples in federal programs such as Social Security and health insurance for federal workers.

U.S. District Judge Joseph Tauro wrote that “Congress undertook this classification for the one purpose that lies entirely outside of legislative bounds, to disadvantage a group of which it disapproves. And such a classification the Constitution clearly will not permit.” The judge stated that the act violates the equal protection clause of the U.S. Constitution.

The ruling only applies to Massachusetts – where it was filed. If the Justice Department decides to appeal the ruling, which appears to be undetermined at this point, it could have a much broader affect. If uphold upon appeal, the ruling would then cover the entire 1st Circuit, including Rhode Island, Maine and New Hampshire. The final appeal would go to the U.S. Supreme Court.

Anti-gay marriage activists immediately lashed out at the judge. Andrea Lafferty, executive director of the Traditional Values Coalition, called Tauro’s ruling “judicial activism” and said Tauro was a “rogue judge.” She went so far as to say that Massachusetts was the “lowest common denominator [of] states” for which the nation could base its legal standards on. Of course, that is up to higher courts to decide, who have typically sided with pro-gay marriage advocates.