A three-judge panel of the 1st Circuit Cout of Appeals in Boston has ruled that the federal Defense of Marriage Act, which denies many federal benefits to same-sex couples, unconstitutional Thursday morning — affirming a district court ruling that also found the measure unconsitutional.
From the opinion:
To conclude, many Americans believe that marriage is the union of a man and a woman, and most Americans live in states where that is the law today. One virtue of federalism is that it permits this diversity of governance based on local choice, but this applies as well to the states that have chosen to legalize same-sex marriage. 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.
