Opening Salvo Fired In Legal Battle Over Marriage

BOSTON (AP) – The U.S. Department of Justice has filed its opening legal brief for its appeal of a decision by a judge in Massachusetts who concluded that a portion of a federal law banning recognition of same-sex marriage is unconstitutional.
The appeal follows two rulings in July by U.S. District Judge Joseph Tauro, who said the federal Defense of Marriage Act is unconstitutional because it interferes with a state’s right to define marriage and denies married gay couples an array of federal benefits given to heterosexual married couples.
The Justice Department argued in a brief filed on Thursday that the law was Congress’s “reasonable response” to a debate among the states on same-sex marriage.
The appeal is expected to be heard by the 1st U.S. Circuit Court of Appeals in Boston.

(Copyright 2011 by The Associated Press.  All Rights Reserved.)

  • Cynic

    Although the People in Massachusetts wern’t allowed to vote on it,why don’t we just put it to a vote across the country. LET THE PEOPLE DECIDE. Not the Judges. The Courts can only decide whats Legal not whats right.There is a whole Country out there that is not Massachusetts.

  • Cynic

    This is Obamas Justice Dept. When it goes to Court the DOJ Lawyers can put on a show of representing the People but still pull thier punches to get Obama what he wants…The quicker this gets to the Supreme Court the better for all of us. Recently the question of the day on WBZ showed that almost 80% of the People don’t want this.

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  • Jane

    Hey Cynic: Why should “the people” get to vote on the civil rights of a minority? What if the people had gotten to decide whether blacks had the same rights as whites in the 1960s?

    Oh, and by the way, one little online poll is not exactly scientific. Any legitimate public opinion surveys show that the people of Massachusetts now overwhelmingly support this law. And nationwide, it’s now at about 50-50.

    Has the sky fallen down on you here in Massachusetts over the past 7 years? I don’t think so.

    Check your facts before you spot off your ignorance.

    • Cynic

      Your comment was very intelligent until the last line. I wish you could have resisted the temptation to ATTACK. Spend some time outside of Masssachusetts. there is a whole other world out there.Black is a Race not a perversion. I lived through every minute of the 60’s. Things changed because the People wanted change.If you didn’t live through that period you can’t know what you are talking about.

  • cynic

    Gay is not a Civil Right.

  • cynic

    The People of the 50’s and 60’s did decide that Blacks should have the same rights as Whites and many Died to bring it about. This was the end of an effort that began in Colonial Days. Read your History.

  • Glenn Johnson

    Cynic, that is what judges are there for; to decide whether or not laws enacted by politicians, whose sole purpose is to represent their constituents, are actually legal or not. If you wish to vote on something, vote on your representative. Allowing people to vote on something like this is just pouring gas on the fire. Besides that, according to Congress (who know best) the American people are more concerned with other things like jobs, the economy and our overall debt. Things like marriage should be left to the states to decide how they are going to act. That is exactly what this judge told the federal government: do not enact a law that infringes upon the states right to decide.
    My own opinion is that Jane has it right. Did the sky fall down here in Mass? Please, get over your holier-than-thow, God knows best, uncaring, brainwashed viewpoint and see that people getting along for the greater good will not cause you any great harm. Ignorance is the common base for all conflict.

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