Good News for Gay Rights: Gay Marriage Ban Unconstitutional

It looks like the religious right got its clock cleaned on this one. U.S. District Court judge Joseph Tauro said that the federal law banning gay marriage is unconstitutional. If it's upheld by a higher court after the Obama administration appeals it, it will have far-reaching implications. It could send shock-waves across the country.

Why, you might ask, would Obama's administration appeal it? Good question! Because even though Obama is a supporter of gay rights, an appeal would strengthen this ruling. As it stands, it only applies to Massachusetts, but if the law is upheld on appeal, the precedent would become the law of the land for a much wider area. Plus, it will almost certainly be appealed clear up to the Supreme Court.

Finally, this issue is going to get a fair hearing about its constitutionality, to decide once and for all whether our constitution protects the rights of gays and lesbians.

And if the courts overturn this decision, that will at least set the stage for the next battle, of legislative reform. Having the question unanswered is bad no matter what the outcome.