Defense of Marriage Act Unconstitutional

Good news should be reported, and social justice advocates got a positive ruling from the courts today. A federal court in Boston argued that the Defense of Marriage Act was unconstitutional, under the equal protection clause of the constitution: http://www.boston.com/news/local/breaking_news/2010/07/judge_declares_3.html. Judge Joseph L. Tauro used the history of marriage laws that go back before the revolution to argue, "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," Tauro wrote. "The federal government, by enacting and enforcing DOMA, plainly encroaches upon the firmly entrenched province of the state."

While the tyranny of the majority have weighed in heavily on this issue for several years, the courts have the power to turn the tide, arguing that the 14th amendment extends to marriage rights and that everyone should have equal rights to this legal institution that has defined society for most of civilized human history; and the 10th amendment prevents the national government from intervening on this issue. Conservatives will probably argue that an activist judge has overstepped his bounds and that marriage in America is now in jeopardy, but the first argument seems to fail under the scrutiny of the very documents they hold so dear (the constitution and declaration of independence) and the second has always seemed disengenous to me. Let's hope all soon have the right to get married.