Subscribe to Breaking News
Loading ...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.
Bill S.:
What are you talking about?
MAINE UPHELD the GLBT protections law in 2005. It did not ‘vote it down’.
In fact, MAINE voters have twice been on OUR side in regards to anti-discrimination protections in their state.
I say that we bring back the laws that disallow interracial marriage. This way Obama’s parents wouldn’t be married and he would be a BASTARD. Which is actually the way that he is treating the GLBT community.
Take a deep breath everyone.
USA Today a friend told reports the following about the very desperate situation to hold onto marriage equality in Maine……. that BTW, was backed up (at a huge rally at a local civic center for a legislative hearing on Maine marriage equality) by both Maine legislators and Governor Baldacci of Maine.
From this article in USA Today,
“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.”
I am moving to Massachusetts
Oh…this is so delicious that it has to be fattening!
I look forward to this case because now the current administration will be put into a corner no matter what. By that, i mean these two points:
Point #1: If they try to throw the case out, they’ll be causing more & more people to challenge the system for equality. They’ll basically have no support from the people.
Point #2: If they let the case go on, they’ll pretty much bear their own throats for the prosecution to bite down on. Win or lose, if it takes this turn, it’ll set a precedent, which in turn will cause more challenges and they’ll still lose ground among the people.
Personally, after seeing that the current administration flat out lie to us and not keep what promises that they made, i’m going to LOVE watching them get deep fried. Can the people deep fry you this time for denying us equality? YES WE CAN!
This is why I am happy to pay my taxes and vote in the Glorious People`s Republic of the Commonwealth of Massachusetts. Even if I live in Québec, I am still an adopted MassHole at heart. To think, that a state is moving faster than gay groups(HRC, NGLTF, Stonewall Dems, etc) in challenging the legality and constitutionality of DOMA. Why aren`t gay groups using their millions to mount a gynormous challenge? Why wait on Massachusetts to do it?
Bravo Massachusetts! Now if only other states would join in. Obama isn’t going to help; this is our only chance.
I can’t wait to see the bigoted response the Obama administration files for this one.
Kris,
Not all Christians are evil. There are many gay and gay-friendly ones who took part in the fight for marriage equality in Boston. They figured heavily in the progay side of the marriage rallies time and time in front of the MA statehouse in Boston. I was there time and time again at those rallies, so I know that is true.
Great, Can’t wait to see he brief that the DOJ files for this one!
How many signatures have been collected so far in Maine? – They [the bigots] need 57,000 don’t they????
Just north to Washington state (not DC), they [the bigots] need at least 159,500 signatures don’t they????
“If the religious bigots are in such a rush to remote Marriage Equality”
Sorry, that should have been “in such a rush to REMOVE Marriage Equality”
“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.”
When will they learn? When will WE learn?
Justice Robert H. Jackson wrote, “the very purpose of the Bill of Rights was to withdraw certain subjects from the vicissitudes of political controversy, to place them beyond the reach of majorities … One’s right to life, liberty, and property, to free speech, a free press, freedom of worship and assembly, and other fundamental rights may not be submitted to vote.”
If the religious bigots are in such a rush to remote Marriage Equality that has already been granted by the Courts, then why don’t we collect signatures in every state to remove CIVIL marriage from the government’s hands altogether and make EVERYONE have Civil Unions? Let the churches keep their “marriage” and the State only grants a Civil Union regardless of the makeup of the couple.
Being a Southerner, I only have a t.v./movie representation of Maine.
It’s always struck me in the media as sort of an ignorant hick part of the N.E.. At least it’s often portrayed as being just a bunch of poorly educated fisherman etc.. I guess my media driven stereotypes of Maine are correct, just as the media stereotypes about Southerners are, for the most part, also correct.
Until you repeal DOMA and DADT completly Obama – we are bitter foes!!!!! I hate Obama!!!!
We here in New England know whats best for ALL humans – unlike our southern and western cousions who deny gay men and lesbian women like me our rights and freedom to marry. Southerners, westerners and Obama can go and get fucked!!!!!
What are you afraid of Obama – the sky falling?????
THE SKY HAS NOT FALLEN PEOPLE!!!!
I recently read this quote the other day [it's so true]
“If the military is full of tough men that are not afraid of bombs and guns – but afraid of homosexuals – then we really have a problem with the military!!!!”