Justice Dept. outlines anti-gay
marriage case
01.17.2011 11:00am EST
(Boston) The U.S. Department of Justice has filed its
opening legal brief for its appeal of a decision by a judge in Massachusetts
who concluded that a portion of a federal law banning recognition of same-sex
marriage is unconstitutional.
The appeal follows two rulings in July by U.S. District Judge Joseph
Tauro, who said the federal Defense of Marriage Act is unconstitutional because
it interferes with a state’s right to define marriage and denies married gay
couples an array of federal benefits given to heterosexual married couples.
The Justice Department argued in a brief filed on Thursday
that the law was Congress’ “reasonable response” to a debate among the states
on same-sex marriage. In its brief, the Justice Department said the federal
government has the right to define marriage differently than individual states.
The appeal is expected to be heard by the 1st U.S. Circuit
Court of Appeals in Boston.