Many Americans believe that marriage is the union of a man and a woman, and most Americans live in states where that is the law today,” said Judge Michael Boudin, appointed to the bench in 1992 by President George H.W. Bush. “One virtue of federalism is that it permits this diversity of governance based on local choice, but this applies as well to the states that have chosen to legalize same-sex marriage. Under current Supreme Court authority, Congress’ denial of federal benefits to same-sex couples lawfully married in Massachusetts has not been adequately supported by any permissible federal interest.

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