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Court: Heart of gay marriage law unconstitutional

By Denise Lavoie

Associated Press

Published: Thursday, May 31 2012 11:52 a.m. MDT

The 1st U.S. Circuit Court of Appeals in Boston says the Defense of Marriage Act, which defines marriage as a union between a man and a woman, discriminates against married same-sex couples by denying them federal benefits

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BOSTON — A federal appeals court Thursday declared that the Defense of Marriage Act unconstitutionally denies federal benefits to married gay couples, a groundbreaking ruling all but certain to wind up before the U.S. Supreme Court.

In its unanimous decision, the three-judge panel of the 1st U.S. Circuit Court of Appeals in Boston said the 1996 law that defines marriage as a union between a man and a woman deprives gay couples of the rights and privileges granted to heterosexual couples.

The court didn't rule on the law's more politically combustible provision, which said states without same-sex marriage cannot be forced to recognize gay unions performed in states where it's legal. It also wasn't asked to address whether gay couples have a constitutional right to marry.

The law was passed at a time when it appeared Hawaii would legalize gay marriage. Since then, many states have instituted their own bans on gay marriage, while eight states have approved it, led by Massachusetts in 2004.

The court, the first federal appeals panel to deem the benefits section of the law unconstitutional, agreed with a lower court judge who ruled in 2010 that the law interferes with the right of a state to define marriage and denies married gay couples federal benefits given to heterosexual married couples, including the ability to file joint tax returns.

"For me, it's more just about having equality and not having a system of first- and second-class marriages," said plaintiff Jonathan Knight, 32, a financial associate at Harvard Medical School who married Marlin Nabors in 2006.

"I think we can do better, as a country, than that," Knight said.

Knight said DOMA costs the couple an extra $1,000 a year because they cannot file a joint federal tax return.

Opponents of gay marriage blasted the decision.

"This ruling that a state can mandate to the federal government the definition of marriage for the sake of receiving federal benefits, we find really bizarre, rather arrogant, if I may say so," said Kris Mineau, president of the Massachusetts Family Institute.

Since DOMA was passed in 1996, many states have instituted their own bans on gay marriage, while eight states have approved it, including Massachusetts, Connecticut, New York, Iowa, New Hampshire, Vermont, Maryland, Washington state and the District of Columbia. Maryland and Washington's laws are not yet in effect and may be subject to referendums.

Last year, President Barack Obama announced the U.S. Department of Justice would no longer defend the constitutionality of the law. After that, House Speaker John Boehner convened the Bipartisan Legal Advisory Group to defend it. The legal group argued the case before the appeals court.

White House spokesman Jay Carney said the appeals court ruling is "in concert with the president's views." Obama, who once opposed gay marriage, declared his unequivocal personal support on May 9.

Carney wouldn't say whether the government would actively seek to have DOMA overturned if the case goes before the Supreme Court.

"I can't predict what the next steps will be in handling cases of this nature," Carney said.

The 1st Circuit said its ruling wouldn't be enforced until the U.S. Supreme Court decides the case, meaning that same-sex married couples will not be eligible to receive the economic benefits denied by DOMA until the high court rules.

That's because the ruling only applies to states within the circuit — Massachusetts, Rhode Island, Maine and New Hampshire — and Puerto Rico. Only the Supreme Court has the final say in deciding whether a law passed by Congress is unconstitutional.

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