The first state to legalize gay marriage is now suing the federal government to overturn the Defense Of Marriage Act:
The federal Defense of Marriage Act (DOMA) 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.
Massachusetts is the first state to challenge the federal law. Its lawsuit, filed in federal court in Boston, argues the act “constitutes an overreaching and discriminatory federal law.” It says the approximately 16,000 same-sex couples who have married in Massachusetts since the state began performing gay marriages in 2004 are being unfairly denied federal benefits given to heterosexual couples.
“They are entitled to equal treatment under the laws regardless of whether they are gay or straight,” Mrs. Coakley said at a news conference.
[…] Before the law was passed, Mrs. 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, the lawsuit says.
The lawsuit also argues that the federal law requires the state to violate the constitutional rights of its citizens by treating married heterosexual couples and married same-sex couples differently when determining eligibility for Medicaid benefits and when determining whether the spouse of a veteran can be buried in a Massachusetts veterans’ cemetery.
“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.
I am overjoyed at this development as it is long overdue. I’m not a lawyer, but the arguments are valid and I think may have a good chance of succeeding in court. DOMA never should have been allowed on the books in the first place.
Needless to say, the Freepers aren’t happy about it:
“seems some do not know what DOMA is about
this is another angle to attack DOMA working in sync with the homo agenda and special interests up there
Can MA and the north east please just leave the union, please please please.
All conservatives not republicans from there are welcome to move out, in place of you moving out we’ll send our homo’s illegals, child molesters and loony brain dead sheep left wing idiots.”—posted on Wed 08 Jul 2009 06:14:58 PM EDT by manc
“String em all up. We will save billions on retirement benefits.”—posted on Wed 08 Jul 2009 06:38:07 PM EDT by Pikachu_Dad
“fell sick and every person on here and around this country should see that website
That is what America will look like if some go along with the usual “well I know a couple and they are nice who want to be left alone” course they do not see their new friends at their freak parades etc
Or the Govt should not get involved
Well this is not about marriage like on that website but a small platform to a bigger agenda, adoption, into schools to now teaching little kids fisting another man
sick sick sick
there sickos should be put back in the closet or told to seek mental help and not off another sicko perverted shrink”—posted on Wed 08 Jul 2009 08:05:14 PM EDT by manc
Anything that gets the Freeper’s upset is a good thing in my book.