Federal Judge Strikes Down Defense of Marriage Act

Thomas Messner / July 09, 2010

In 1996, by a vote of 342–67 in the House and 85–14 in the Senate, the United States Congress enacted the Defense of Marriage Act (DOMA) and President Clinton signed it into law. Section 3 of DOMA defines marriage as the union of husband and wife for purposes of federal law.

Yesterday, a single federal judge in Massachusetts ruled that Section 3 of DOMA violates the U.S. Constitution. The judge concluded that there is no “rational basis” to support DOMA and that DOMA could only have been motivated by “irrational prejudice” and “animus.”

In 1996 Congress stated that protecting marriage as the union of husband and wife would advance the public interest in “responsible procreation and childbearing.” Previously the U.S. Supreme Court has stated that marriage is “fundamental to our very existence and survival” and has “more to do with the morals and civilization of a people than any other institution.” (more…)