BOSTON — A key part of a law denying married same-sex couples federal benefits has been thrown out the window in Massachusetts, the first state to legalize same-sex marriage. The ball now lies in the White House’s court, which must carefully calculate the next move by an administration that has faced accusations it has not vigorously defended the law of the land.
President Barack Obama has said repeatedly that he would like to see the federal Defense of Marriage Act, known as DOMA, repealed. But the Justice Department has defended the constitutionality of the law, which it is required to do.
The administration was silent Friday on whether it would appeal rulings by U.S. District Judge Joseph Tauro. Representatives for the White House and the Justice Department said officials are still reviewing the rulings.
DOMA, passed in 1996, defines marriage as between a man and a woman, prevents the federal government from recognizing same-sex marriages and allows states to deny recognition of same-sex unions performed elsewhere.
Tauro ruled Thursday in two cases that DOMA is unconstitutional because it interferes with the right of a state to define marriage and denies married same-sex couples an array of federal benefits given to heterosexual married couples, including health insurance and the benefits of filing joint tax returns.
The rulings apply only to Massachusetts, where same-sex marriage has been legal since 2004. But same-sex-marriage supporters are hoping the rulings could prompt other states to file their own challenges to DOMA.
Many opponents and proponents expect that the Obama administration will appeal the rulings to the 1st U.S. Circuit Court of Appeals in Boston, and that the question of whether the law is unconstitutional will eventually be decided by the U.S. Supreme Court.
Many Obama voters, particularly gays, will push for the administration not to appeal Tauro’s rulings, said former Assistant Attorney General Robert Raben.
But the administration could set a dangerous precedent if it does not continue to defend the law, he said.
