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Without creating any new constitutional right for gays and lesbians to get married, the First Circuit Court on Thursday ruled that Congress did not have the power to intrude on the choice of states — like Massachusetts — to create such a right under state law. In a unanimous three-judge panel ruling in Massachusetts v. Health and Human Services Department Circuit docket , the Circuit Court took a cautious approach that it said was based on recent Supreme Court precedents outlawing discrimination against minorities. The ruling nullified Section 3 of the Defense of Marriage Act, passed by Congress in to deny any federal benefit to a same-sex couple, even if the spouses were legally married under state law.

The decision in United States vs. Windsor by the U. Supreme Court to strike down Section Three of the Defense of Marriage Act drastically alters the domestic landscape for same-sex couples. Besides the all important right to marry, the ruling creates important tax opportunities.

If the Court overturns the law, gay couples may be eligible for green cards. The ruling could mean a lifetime together or the constant fear of separation. The couple wanted to live together, especially since Ortiz is HIV-positive and they were unsure how long he might have. So Garcia got a six-month tourist visa in the late s and was able to renew it for one year.

Skip to main content. June 26, - am. Facebook X Reddit Email Print. Today's ruling is a historic victory for gay and lesbian Americans and a tremendous step forward for the cause of equality.