Gill vs. Office of Personnel Management

U.S. District Court Judge Joseph Tauro found that Section 3 of DOMA violates equal protection with respect to the GLAD case, and the 10th Amendment with respect to state sovereignty in the Massachusetts case, and is therefore unconstitutional:

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This court has determined that it is clearly within the authority of the Commonwealth to recognize same-sex marriages among its residents, and to afford those individuals in same-sex marriages any benefits, rights, and privileges to which they are entitled by virtue of their marital status. 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. For that reason, the statute is invalid.

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Read the full text of Gill vs. Office of Personnel Management.

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