Court: Heart of gay marriage law unconstitutional
By Denise Lavoie
AP Legal Affairs Writer / May 31, 2012
http://www.boston.com/news/local/massachusetts/articles/2012/05/31/boston_court_us_gay_marriage_law_unconstitutional/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.
