The Mudcat Café TM
Thread #115854   Message #2942310
Posted By: Amos
09-Jul-10 - 09:09 AM
Thread Name: BS: Californians Oppose 'Prop 8' Gay Marriage Ban
Subject: RE: BS: Californians Oppose 'Prop 8' Gay Marriage Ban
(NECN) -A Boston judge has issued a landmark ruling on gay marriage, one that has caught the eye of the Department of Justice.

Judge Joseph Tauro ruled that they federal gay marriage ban, known as the Defense of Marriage Act, was unconstitutional because it interfered with the rights of a state to define marriage.

Plaintiffs argued that the law led to the denial of benefits like Medicaid for same-sex couples. Massachusetts Attorney General Martha Coakley argued for the plaintiffs in court. She called the ruling a civil rights victory, but gay marriage opponents disagreed.

The Justice Department is currently considering an appeal of the ruling.

One of the plaintiffs in the case, Dean Hara, was married to the late Congressman Gerry Studds of Massachusetts, the first openly gay person elected to Congress. Studds died in 2006.

As part of the suit, the plaintiffs successfully argued that they had been denied a range of important benefits. Hara was a guest on NECN Morning, and discussed the case.

"I was excited -- it's another milestone," Hara said. "I see it as another step forward toward equal rights for all people in this country."

The changes stemming from this ruling go into effect immediately, but are not retroactive. It only applies to Massachusetts, but could set a national precedent.

"As a widower, I've been denied the same kind of protections that any other widower or any other family is afforded by the federal government," Hara said. "In my instance, it is Social Security, pension, health benefits and the like. But for all the other plaintiffs, it is very many things that affect families on a daily basis."

Hara said the timing of the ruling fits in well for the cause of equal rights.

"It's quite appropriate that this decision came the week of the Fourth of July holiday, when we celebrate the values of this country. I think that Judge Tauro's decision really reaffirms the values of this country and the importance of family."