constitutional rights

Gay marriage: federal appeals court in Boston rules on benefits

On Thursday, May 31 a Massachusetts federal appeals court ruled that the Defense of Marriage Act is unconstitutional in its denial of federal benefits to gay couples who have married. The ruling is viewed as a significant and welcome victory for those who support the legitimacy and legality of gay marriage. The decision focused on the rights of legally married gay couples to receive federal benefits. Massachusetts has long been a trailblazer in the push to legalize and support gay marriage within the United States. Last week’s ruling continues that tradition by agreeing with a lower court’s 2010 decision which stated that the Defense of Marriage Act violates the constitutional right of states to define and regulate marriage within their own boundaries. Furthermore, such laws unfairly deny same-sex couples who marry the same federal benefits that heterosexual couples regularly enjoy. This ruling focuses solely on the benefits section of the law. No deliberation was held on the more controversial aspects of the law, including the provision that states that do not allow same-sex marriage cannot be forced to acknowledge or honor gay marriages performed in states that do allow the practice. Nor did the panel of appeals judges consider the question of whether same sex couples have a constitutional right to marry. Proponents of gay marriage cite the ruling as an important victory; one that will allow gay couples the right to federal benefits such as health care, survivorship benefits and the ability to file joint federal tax returns. Furthermore,

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