Judge’s gay marriage rulings in Mass. could have broad impact if they’re upheld on appeal

By Denise Lavoie, AP
Friday, July 9, 2010

DOJ reviews Mass. rulings on fed gay marriage ban

BOSTON — Legal experts say a judge’s rulings in Massachusetts that the federal law banning gay marriage is unconstitutional could have implications beyond the state if upheld on appeal.

U.S. District Judge Joseph Tauro says the Defense of Marriage Act interferes with a state’s right to define marriage and denies married gay couples some federal benefits. He ruled Thursday in favor of gay couples’ rights in two challenges to the law, which the Obama administration has argued for repealing.

The rulings apply to Massachusetts. Constitutional law expert Kent Greenfield says if a higher court with a broader jurisdiction were to hear an appeal and uphold the rulings, their impact would spread.

An appeal would be considered by the First Circuit, which includes Rhode Island, Maine and New Hampshire.

The Department of Justice says it’s reviewing the rulings.

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