Pushing the divisive issue of gay marriage to the center of the political arena, a federal judge in Boston has ruled unconstitutional key parts of a 1996 law that forbids the federal government from recognizing same-sex marriage and bars gay couples from receiving marriage-based federal benefits. Judge Joseph Tauro ruled in two separate cases that the Defense of Marriage Act, or DOMA, forced Massachusetts to discriminate against its own citizens and violated a federal postal worker’s rights, by not allowing her to extend her health insurance to her wife.
The Obama administration is expected to appeal the ruling, since it’s obligated to defend federal statutes in court. But the administration is in a tricky position, since Obama, along with many Democrats, say they oppose DOMA and want it repealed.
What a “show of courage” from a 79-year-old, Republican-appointed judge, said Linda Hirshman in Slate.com. The gay-rights group that brought the suit on behalf of several gay couples aimed merely to “nibble away at some of the worst aspects” of the law. Instead, they got a “sweeping opinion” that roundly rejected the federal government’s ability to impede gay marriage in states.
Subscribe to The Week
Escape your echo chamber. Get the facts behind the news, plus analysis from multiple perspectives.
Sign up for The Week's Free Newsletters
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
Thank goodness this egregious piece of “judicial liberal activism” will probably get overturned on appeal, said Investor’s Business Daily in an editorial. Judge Tauro treats marriage as “just another business deal and not the basic foundation of a stable society.” It’s ironic, to say the least, that DOMA was passed precisely to prevent judges like Tauro from overruling elected representatives and imposing gay marriage “by judicial fiat.”
Nice try, said Andrew Sullivan in TheAtlantic.com. In fact, Tauro’s ruling is a ringing defense of states’ rights, since it hinges on letting the people in each state decide for themselves how they want to treat civil marriage. You want irony? “The Right are being hoisted on their own federalist petard and will now have to choose whether states’ rights or marriage inequality is more important to them.”
Continue reading for free
We hope you're enjoying The Week's refreshingly open-minded journalism.
Subscribed to The Week? Register your account with the same email as your subscription.
-
Why some critics are so horrified by Alabama's new execution methodThe Explainer State officials have petitioned to execute Kenneth Eugene Smith with a largely untested method of killing
-
Government shutdown odds spike as House GOP hardliners thwart McCarthy, spending bills
Speed Read House Speaker Kevin McCarthy's caucus is in disarray, and the US is now hurtling toward an avoidable debacle
-
Firefighters save confused delivery robots
Tall Tales And other stories from the stranger side of life
-
The final fate of Flight 370
feature Malaysian officials announced that radar data had proven that the missing Flight 370 “ended in the southern Indian Ocean.”
-
The airplane that vanished
feature The mystery deepened surrounding the Malaysia Airlines flight that disappeared one hour after taking off from Kuala Lumpur.
-
A drug kingpin’s capture
feature The world’s most wanted drug lord, Joaquín “El Chapo” Guzmán, was captured by Mexican marines in the resort town of Mazatlán.
-
A mixed verdict in Florida
feature The trial of Michael Dunn, a white Floridian who fatally shot an unarmed black teen, came to a contentious end.
-
New Christie allegation
feature Did a top aide to the New Jersey governor tie Hurricane Sandy relief funds to the approval of a development proposal in the city of Hoboken?
-
A deal is struck with Iran
feature The U.S. and five world powers finalized a temporary agreement to halt Iran’s nuclear program.
-
End-of-year quiz
feature Here are 40 questions to test your knowledge of the year’s events.
-
Note to readers
feature Welcome to a special year-end issue of The Week.