DOMA Decisions from Massachusetts
July 09, 2010 at 9:24 AM
Link to opinions concluding that section 3 of the federal Defense of Marriage Act (Pub. L. No. 104-199, 110 Stat. 2419 (1996); 1 U.S.C. section 7) violates principles of the Tenth Amendment by encroaching upon state authority to recognize same-sex marriage -- Massachusetts v. U.S. Dept of Health and Human Services -- and that DOMA violates the Equal Protection principles of the Fifth Amendment’s Due Process clause -- Gill v. Office of Personnel Management.
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