In Thursday’s opinion, a three-judge panel in the First Circuit Court of Appeals found that the law couldn’t stand. Writing for the court, Judge Michael Boudin, an appointee of President George H.W. Bush, observed that Supreme Court precedents limit government’s power to take action against “historically disadvantaged or unpopular” groups, including gays and lesbians. The 1996 law imposes “serious adverse consequences” on them, he wrote.
Justifications offered for the law—”defending and nurturing the institution of traditional, heterosexual marriage” and “traditional notions of morality,” among others—were insufficient to justify such discriminatory treatment, Judge Boudin said.
Six states plus the District of Columbia currently authorize same-sex marriages, and more than 100,000 same-sex couples have been married. Thirty-nine states have passed laws limiting marriage to a man and a woman.