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Mass. Sues Feds Over Definition of Marriage

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Massachusetts, the first state to legalize gay marriage, sued the U.S. government Wednesday over a federal law that defines marriage as a union between a man and a woman. The federal Defense of Marriage Act interferes with the right of Massachusetts to define and regulate marriage as it sees fit, Massachusetts Attorney General Martha Coakley said. The 1996 law denies federal recognition of gay marriage and gives states the right to refuse to recognize same-sex marriages performed in other states. The lawsuit, filed in federal court in Boston, argues the act "constitutes an overreaching and discriminatory federal law."

Specifically, the lawsuit challenges the section of the law that creates a federal definition of marriage as limited to a union between one man and one woman.

Before the law was passed, Coakley said, the federal government recognized that defining marital status was the "exclusive prerogative of the states." Now, because of the U.S. law's definition of marriage, same-sex couples are denied access to benefits given to heterosexual married couples, including federal income tax credits, employment benefits, retirement benefits, health insurance coverage and Social Security payments.

"In enacting DOMA, Congress overstepped its authority, undermined states' efforts to recognize marriages between same-sex couples, and codified an animus towards gay and lesbian people," the lawsuit states. The Defense of Marriage Act was enacted when it appeared Hawaii would soon legalize same-sex marriages and opponents worried that other states would be forced to recognize them. It defines marriage as "a legal union between one man and one woman as husband and wife" and defines "spouse" as "a person of the opposite sex who is a husband or a wife."

President Barack Obama has pledged to work to repeal the law, although gay rights activists criticized the administration last month after Justice Department lawyers defended it in a court brief. White House aides said they were doing their jobs to support a law that is on the books.

Besides Massachusetts, five other states — Connecticut, Vermont, New Hampshire, Maine and Iowa — have legalized gay marriage.

This is the second lawsuit filed in Massachusetts challenging the law.

In March, the Boston-based Gay & Lesbian Advocates & Defenders claimed the law discriminates against gay couples and is unconstitutional because it denies them access to federal benefits that other married couples receive, such as health insurance and pensions.
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  • added July 08, 2009

57 comments // Mass. Sues Feds Over Definition of Marriage

  •  

    Its sad that this kind of bigotry still able to infest the govt at the highest levels.

    I hope Mass. pwns the Fed in the upcoming court case.

    TrilLogic
  •  

    Once again, why are homosexual activists trying to override the democratic process? They tried to strongarm the voters of California AFTER they cast their vote on prop. 8. The voters had spoken , but these activists couldn't leave well enough alone. They claimed the voters hadn't a clue, so their votes shouldn't count! What ballz! ".....the effort to call the Catholic insistence upon protecting marriage as between a man and a woman a "religious" position in order to marginalize and dismiss the argument is at best disingenuous, and at worst, anti-religious bigotry." Keith Fournier, "Should Disordered Appetites Be Civil Rights?" catholic.org also, "Homosexual activity is not a complementary union, able to transmit life; and so it thwarts the call to a life of that form of self-giving which the Gospel says is the essence of Christian living." - Benedict XVI, "Letter to the Bishops of the Catholic Church on the Pastoral Care of Homosexual Persons" (These were posted to promote tolerance, which is allowing other points of view to be presented, even though they might not be welcomed. We must be open to all points of view if we wish to promote tolerance and diversity.)

    unclecharlie
  •  

    umm... can states please not sue the federal government right now during the recession? i don't think the government can really afford it.

    mlamb88
  •  

    Whatever the legal definition of marriage may be, I will never recognize a "gay marriage" as marriage.

    mojojuju
  •  

    Propositions to change the state constitution should require an absolute majority - not this shit where a majority by only a couple percent can force it's will on the rest.

    I find it interesting how a lot of evangelical right-wingers push legislation through state legislatures to ban same-sex marriage or do some other thing, but the second the legislature legalizes same-sex marriage or goes against them, the usual response is:

    OMG!!! It has to be voted on by the people!!!

    To these folks, mostly the fuds on OneNewsNow, if legislatures and supreme courts side with them, it's fine and dandy, but the second a legislature or court goes against their will, it's a "judgocracy" and it needs to be decided by the "will of the people" and not the legislature, etc, because the legislature and supreme court is not siding with the "will of the people."

    I'm not talking about Prop 8, by the way.

    FallenMorgan
  •  

    What opponents of gay marriage fail to realize is that these couples who want marriage are in committed, loving relationships (and have been, and will continue to be).

    Alllllllll a ban on gay marriage does is prevent said LOVING couples from happiness and financial/legal stability.

    And this prevention is mean. Stop enforcing your morals on these people, please.

    randallr01
  •  

    And stop forcing your religious beliefs on them as well, it makes no differrence if it was heterosexual or homosexual...Equality shall be served....

    metalcookiesxy70
  •  

    Thank you, Massachusetts! ♥

  •  

    How beautiful. It is so wonderful to know a whole state is willing to fight for this cause.

    lolitanimatronic
  •  

    It truly is sad that such bigotry still exists. First it was claiming that the black community wasn't equal in the name of God, then it was women voting was against God, and now, it's Marriage between two members of the same sex is either an 'affront' to God or "will threaten the foundation of marriage". First off, people really need to get it though their skulls that God doesn't care if we marry someone who happens to be the same gender or not. If He truly did, he'd come down here himself and deal with it, not make "human voices of His will" say so. Using Religion and belief to spur your own hatred is just as bad as claiming that a specific group of people deserve to be killed because of a specific trait you don't agree with. What have we learned from Hitler, anybody?

    Xanatos
  •  

    homosexuals are so insecure that they need 'blessing' of a religious ceremony to be in "love"

    GodsnLiberals
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    We should respect them as humans.

    CHANLEEPENG
  •  

    I just hope that if Mass loses this case, that it is not a precedent for further degradation of state's rights. Next thing you know the fed is going to be saying that to avoid lawsuits like this we need to all live by the same rules and there will be no gay marriage, MMJ, etc.

    good_stuff
  •  

    How come people on the right always have gay friends?

    FallenMorgan
  •  

    Probably because they believe in true tolerance and diversity, and are not necessarily closed minded like you assume them to be......

    unclecharlie
  •  

    You cannot have civil equality without equal access to civil process and rights : regardless of at the ballot or school ...or Magistrate's Bench for a Civil Union which does not discriminate by race, religion,sex ... or in any other way. That's what Equal Rights Under the Law means.
    That does not affect what any religious organization chooses to do directly - but there is no obvious reason for the state to interfere with whatever nonsense a religion manages to impose upon its sheep(le) as a matter of course.
    If people are stupid enough to put up with it...does the state need to regulate everything ? Is it in fact wise to impose social controls by the actual representative of commerce over self chosen headbanging ?
    There is a reason for separating religion from state : it is meant to suppress opportunity for abusing peoples' instinct to 'just get along' by 'Regulators'.
    There's a word for that. Authoritarianism...or Theocracy.

    opit
  •  

    Bravo opit.

    alsnewlife
  •  

    Anything that can be done drunk in front of an Elvis impersonator at four in the morning is not sacred. (thank you, Bill Maher)
    Give gays that marriage.
    The one that Brittney had for twelve hours before it was annulled.
    The one that happens at the end of a "reality" show.
    The one that is just declared as Common Law and affords all the same rights as the one done in a church.
    The one that is forced because a sperm snuck its way into an egg.
    The one that Newt Gingrich threw away three times.
    The one that Rush Limbaugh thew away three times.

    This is a civil rights issue. Marriage is not what the bigots are pretending it is. It can be all that, but I have had that for 20 years with another man. Please let me get the rights afforded to such longevity of love and commitment.

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