TAMPA, Fla. (AP) -- In what is believed to be the first ruling of its kind, a judge on Wednesday upheld the federal law letting states ban same-sex marriages, dismissing a lawsuit by two women seeking to have their Massachusetts marriage recognized here.
Attorneys for conservative groups hailed the ruling by U.S. District Judge James S. Moody as an important first step, but the plaintiffs promised to appeal.
"This is a legal shot heard 'round the world," said attorney Ellis Rubin, who filed the lawsuit on the women's behalf. "But we are not giving up. ... This case is going to be resolved in the U.S. Supreme Court, and I have said that since the day I filed it."
Although several federal cases are challenging the 1996 Defense of Marriage Act, attorneys said Wednesday's ruling was the first by a federal judge on a direct challenge to the law.
Moody sided with former Attorney General John Ashcroft, who argued in court filings that the government has a legitimate interest in allowing states to ban same-sex marriages, namely to encourage "stable relationships" for the rearing of children by both biological parents.
Apparently Judge Moody found that marriage is not a "fundamental right" and applied the rational basis test. Details here from the AP via WiredNews.com.
UPDATE: Judge Moody's Order is here. (link via How Appealing)