The Defense of Marriage Act: Is This Thing Unconstitutional Or Not?

The First Circuit Court of Appeals in Homostan, Massachusetts struck down the Defense of Marriage Act yesterday, the first federal court to do so, though other challenges are being considered by the Ninth Circuit in California. 

The decision led to a flurry of articles along the lines of “Gay marriage ban declared unconstitutional” and so forth, in which PoliticOlogy was more than complicit, mostly because we here knew what an awful jobs report was on the way and wanted to bask in some good news first. So it’s worth stopping now and asking just what the First Circuit decided about DOMA, the scope of its decision, and law’s likely fate once it reaches the Supreme Court, which it definitely will… Read more.

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