BREAKING - Defense of Marriage Act is unconstitutional, federal appeals court rules

On Thursday, a federal appeals court in Boston ruled that the government's ban on gay marriage, called the Defense of Marriage Act (DOMA), violates the Constitution and should be struck down.

If the Supreme Court hears the case and upholds this ruling, it means that the federal government would most likely have to recognize the marriages of gay couples who were wed and reside in the six states that allow same-sex unions.

The First Circuit Court found that the federal government does not have a right to interfere in states' definition of marriage, but stopped short of arguing that gay people have a constitutionally protected right to legal marriage. The First Circuit court is the first federal appeals court to strike down the law, and the case is likely to be taken up by the Supreme Court next year.

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Obama still "evolving" - next step: repeal DOMA

In endorsing homosexual marriage, Obama said he believes the issue ought to be dealt with on the state level. But Matt Barber, vice president of Liberty Counsel Action, joins others in agreeing that the president is not finished evolving.

"His actions illustrate -- through his refusal to exercise his duty as the executive and defend the law of the land, DOMA, the Defense of Marriage Act, and additionally his having opposed the Defense of Marriage Act -- he clearly would prefer that the states be taken out of the loop, that they not have a say in the matter," Barber decides.

And the attorney cautions about what it would mean if DOMA is overturned "in part due to Obama's failure to defend it."

"Then I believe that he will come very clean on his position that same-sex marriage should be the law of the entire land. If DOMA is overturned, the floodgates will be opened," Barber warns.


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