Same-sex marriage law unconstitutional

BOSTON, July 8 (UPI) -- A federal judge in Massachusetts Thursday ruled a law prohibiting federal recognition of same-sex marriage unconstitutionally "encroaches" on state powers.

U.S. District Court Judge Joseph L. Tauro, ruling in two separate challenges to the Defense of Marriage Act, said gay and lesbian couples may not be denied the same federal benefits as heterosexual couples.

Same-sex marriage is legal in Massachusetts but state Attorney General Martha Coakley challenged DOMA, arguing that the federal law, passed in 1996, unconstitutionally compels the state to discriminate against citizens or risk losing certain federal funds, The New York Times reported.

"This court has determined that it is clearly within the authority of the Commonwealth to recognize same-sex marriages among its residents, and to afford those individuals in same-sex marriages any benefits, rights, and privileges to which they are entitled by virtue of their marital status," Tauro found. "The federal government, by enacting and enforcing DOMA, plainly encroaches upon the firmly entrenched province of the state."

Justice Department spokeswoman Tracy Schmaler said administration officials had no comment on the ruling, the Times reported.

In addition to the lawsuit brought by Coakley, the judge also ruled in a case brought by Gay and Lesbian Advocates and Defenders, and said DOMA violated the equal protection clause of the U.S. Constitution by singling out married gays and lesbians for exclusion of benefits.