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Federal Judge Rules Section 3 of DOMA Unconstitutional
On Thursday, Massachusetts District Judge Joseph Tauro issued rulings in two cases related to Section 3 of the Defense of Marriage Act. Section 3 defines marriage at the federal level to be between on man and one woman.
The ruling in Gill v. Office of Personnel Management is based on Equal Protection through the Fifth Amendment; Massachusetts v. Dep't of Health & Human Services through the Tenth Amendment. Neither case affects Section 2, which allows states to choose whether or not to recognize same-sex marriages from other states.
