Married gays in Mass. sue US for federal benefits
source: http://www.breitbart.com/article.php?id=D96MBMH80&show_article=1&catnum=0
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BOSTON (AP) - Mary Ritchie, a Massachusetts State Police trooper, has been married for almost five years and has two children. But when she files her federal income tax return, she's not allowed to check the "married filing jointly" box.
That's because Ritchie and her spouse, Kathleen Bush, are a gay couple, and the federal Defense of Marriage Act makes them ineligible to file joint tax returns.
Now Ritchie, Bush and more than a dozen others are suing the federal government, claiming the act discriminates against gay couples and is unconstitutional because it denies them access to federal benefits that other married couples receive, such as pensions and health insurance. Plaintiffs also include Dean Hara, the widower of former U.S. Rep. Gerry Studds, the first openly gay member of the House of Representatives.
In Ritchie's case, she and her spouse say they have paid nearly $15,000 more in taxes than they would have if they had been able to file joint returns.
"It saddens us because we love our country," Ritchie said. "We are taxpayers. We live just like anyone else in our community. We do everything just like every other family, like every other married couple, and we are treated like less than that."
The lawsuit was being filed Tuesday in federal court in Boston by Gay & Lesbian Advocates & Defenders, the anti-discrimination group that brought a successful legal challenge leading to Massachusetts becoming the first state in the nation to legalize gay marriage in 2004.
That's because Ritchie and her spouse, Kathleen Bush, are a gay couple, and the federal Defense of Marriage Act makes them ineligible to file joint tax returns.
Now Ritchie, Bush and more than a dozen others are suing the federal government, claiming the act discriminates against gay couples and is unconstitutional because it denies them access to federal benefits that other married couples receive, such as pensions and health insurance. Plaintiffs also include Dean Hara, the widower of former U.S. Rep. Gerry Studds, the first openly gay member of the House of Representatives.
In Ritchie's case, she and her spouse say they have paid nearly $15,000 more in taxes than they would have if they had been able to file joint returns.
"It saddens us because we love our country," Ritchie said. "We are taxpayers. We live just like anyone else in our community. We do everything just like every other family, like every other married couple, and we are treated like less than that."
The lawsuit was being filed Tuesday in federal court in Boston by Gay & Lesbian Advocates & Defenders, the anti-discrimination group that brought a successful legal challenge leading to Massachusetts becoming the first state in the nation to legalize gay marriage in 2004.
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