Mass. sues feds over definition of marriage
07.08.2009 3:21pm EDT
(Boston) 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.” 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.
Besides Massachusetts, five other states – Connecticut, Vermont, New Hampshire, Maine and Iowa – have legalized gay marriage. Gay marriage opponents in Maine said Wednesday that they had collected enough signatures to put the state’s new law on the November ballot for a possible override.
The Massachusetts lawsuit challenges the section of the federal law that creates a federal definition of marriage as “a legal union between one man and one woman as husband and wife.”
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, 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.
The Justice Department had not seen the lawsuit and cannot respond until it has a chance to review it, spokesman Charles Miller said.
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.
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.
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.
In Maine, the Stand for Marriage Maine coalition said it took only four weeks to gather more than the 55,087 signatures necessary to put gay marriage to a vote.
The Maine law to legalize gay marriage had been scheduled to go into effect Sept. 12. It will be put on hold after the signatures are submitted and certified by the secretary of state’s office. Voters will then decide in November whether it should stand.




Here we go again. Is Maine going to be the next California, by taking the rights of marriage from the GLBT community? Let’s hope that people will think of all people as being equal.
Bravo Massachusetts for standing up for the rights of all people, and not just some. Christianity is becoming evil, not all are evil but the Christiban are really starting to smell like crap. They’re really stinking up the United States, and now I see why some people move to Canada. To get away from all of this bs.
Let’s not let the Christiban to rip our rights away in Maine.
In the Constitution, “ALL MEN ARE CREATED EQUAL”, not unless they are gay, black, hispanic,asian, fat or skinny. ALL men/women, are created equal, not just some.
What shall we call this, “THE MOUSE THAT ROARED”? LOL!
Way to go Massachusetts…a small but gutsy state.
Also, good luck Massachusetts! (Why are these two news stories combined into one article??)
“…only took four weeks to collect enough signatures.” more like: “…only took four Sundays to collect enough signatures.”
I hope all goes well in Maine. This is a state, however, that two times voted down a non-discrimination law against gay citizens. I’m not getting my hopes up on this one.
We better start getting busy and dumping money into the EQ MAINE (Equality Maine) now. I have wrote letter and sent funds and will do more.
Of course it “only took four weeks to collect enough signatures” in ALL states all over the country the BIGOTS, The American Christian Talibanazis out number fair, open minded folks…
I am feeling super pissed again, perhaps I’ll be taking my “Vacation” to Maine!
Nonetheless, good luck MASS and Thanks for leading the way in the battle for Equality, sadly CA and NY aren’t there yet.
That’s fantastic. I heard Obama say in an interview that, traditionally, it is not the business of the federal government to define marriage… as if this law didn’t exist!!!
A copy of the complaint can be found at:
http://www.queerty.com/massachusetts-to-usa-get-out-of-the-marriage-business-yo-20090708/2/
This really puts Obama and his Justice Dept. in a bind. Squirm, baby, squirm.
Kudos to Mass. AG Coakley! Some very compelling arguments here, including (as stated in this article) that “federal law requires the state [Mass.] to violate the constitutional rights of its citizens” by treating gay and straight couples differently…
WOW. good job
Those supporting the move in Maine need to be challenged BIG TIME. They need to be labeled for what they are: Christian Taliban BIGOTS. They need to have what Jesus said pushed in their faces – LOUD AND CLEAR. “Nice” doesn’t work with these narrow minded sick people. Any justification that they use can be thrown back in their faces because there is NO justification unless it is pure and simple bigotry and hypocracy. Time to set their hair on fire!
These consitutional amendments – what would happen if we held an amendment election to prohibit interracial marriage?
When will we learn?
Holy shit!
I find it funny how the state of Maine is going to put the law in the hands of heterosexuals. Just another example of how homosexuals are treated as second class citizens. Heterosexuals are allowed to determine the fate of gay marriage in Maine. Is that justice? I think not. Lawmakers just stand by and allow this discrimination to take place.
What a great state Massachusetts is! It was a leader before the Civil War for the rights of down-trodden people and today it is still a leader. Makes me want to move there!
Awesome! I can only imagine what this case will look and sound like.
“In the matter of Massachusetts versus the United States”
I’m literally laughing at the prospect.