In Boston today, U.S. District Judge Joseph Tauro ruled that the Federal Defense of Marriage Act is unconstitutional. If you’re following the same-sex marriage issue, whether you’re pro-SSM or anti-SSM, this is an appropriate time for you to let out a long, low whistle, because this is the biggest development in the field since California’s Proposition 8.
TO BE UPDATED — More later when I have time to add it. I can’t find the opinion at the D.Mass court yet and I need to pay attention to something else at this moment. — No wait, there are two opinions, one invalidating DOMA on equal protection grounds (finding a failure to meet the “rational basis” test, no less), and the other invalidating it on Tenth Amendment grounds (“The federal government, by enacting and enforcing DOMA, plainly encroaches upon the firmly entrenched province of the state, and in doing so, offends the Tenth Amendment”).