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Citing 10th Amendment, Federal Judge Strikes US Defense of Marriage Act

Posted Jul 8, 2010 4:57 PM CDT
By Martha Neil

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A federal judge in Boston today struck down the U.S. Defense of Marriage Act, saying that the 1996 statute's prohibition against same-sex marriage is unconstitutional.

Citing the 10th Amendment of the U.S. Constitution, which recognizes state authority concerning powers not delegated to the federal government, U.S. District Judge Joseph Tauro held that the federal statute unconstitutionally interferes with the state's right to recognize same-sex marriages, according to the Boston Globe's MetroDesk blog.

“The federal government, by enacting and enforcing DOMA, plainly encroaches upon the firmly entrenched province of the state, and, in doing so, offends the 10th Amendment,” says the judge in his written opinion.

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