Today Massachusetts federal judge Joseph Tauro ruled that a section of the federal Defense of Marriage Act (DOMA), which defines marriage for federal purposes as a union between one man and one woman, is unconstitutional. The case was defended by the U.S. Department of Justice, which will likely appeal the case but has not stated its position on a possible appeal.

Until now, every court that has considered DOMA has found it to be constitutional. The federal government can rationally conclude that marriage between one man and one woman is superior to same-sex unions. Indeed, history and common sense show that marriage between a man and a woman has a procreative component absent from same-sex unions. Moreover, children do best when raised by a mom and a dad. Same-sex unions permanently deprive children of the experience of either a male or female parent.

Liberty Counsel has defended the definition of marriage in more than 45 cases and has never lost a challenge involving the federal DOMA.

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