Current Weather
The Spy FM

Defense Of Marriage Act Is Unconstitutional, Federal Court Rules

Filed by KOSU News in US News.
May 31, 2012

“A federal appeals court Thursday declared that the Defense of Marriage Act unconstitutionally denies federal benefits to married gay couples, a ruling all but certain to wind up before the U.S. Supreme Court,” The Associated Press reports from Boston.

In its decision, the First Circuit Court writes that “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.”

The ABA Journal notes that “the unanimous ruling doesn’t reach a second portion of the law that says states cannot be forced to recognize gay marriages performed elsewhere. The court stayed its ruling ‘anticipating that certiorari will be sought and that Supreme Court review of DOMA is highly likely.’ “

Update at 12:05 p.m. ET: SCOTUSBlog’s Lyle Denniston analyzes the ruling here. He says “the Circuit Court took a cautious approach that it said was based on recent Supreme Court precedents outlawing discrimination against minorities. … If the new ruling withstands a likely appeal, it would actually affect only gay couples in the six states and the District of Columbia that now allow such marriages, but it could serve as a constitutional precedent for challenging other limits or bans on gay marriage in any state.” [Copyright 2012 National Public Radio]

Leave a Reply

5AM to 9AM Morning Edition

Morning Edition

For more than two decades, NPR's Morning Edition has prepared listeners for the day ahead with two hours of up-to-the-minute news, background analysis, commentary, and coverage of arts and sports.

Listen Live Now!

9AM to 10AM The Takeaway

The Takeaway

A fresh alternative in morning news, "The Takeaway" provides a breadth and depth of world, national and regional news coverage that is unprecedented in public media.

View the program guide!

10AM to 11PM On Point

On Point

On Point unites distinct and provocative voices with passionate discussion as it confronts the stories that are at the center of what is important in the world today. Leaving no perspective unchallenged, On Point digs past the surface and into the core of a subject, exposing each of its real world implications.

View the program guide!

Upcoming Events in your area (Submit your event today!)

Streaming audio and podcasts

Stream KOSU on your smartphone

Phone Streaming

SmartPhone listening options on this page are intended for many iPhones, Blackberries, etc. with low-cost software applications available to listen to our full-time web streams, both News on KOSU-1 and Classical on KOSU-2.

Learn more about our complete range of streaming services

We're perfecting the patient experience - Stillwater Medical Center