In court documents, the Justice Department makes it clear the Obama administration thinks the law is discriminatory and should be repealed. But the department, calling the law “constitutionally permissible,” said it has an obligation to defend federal laws when they are challenged in court.

The 1996 federal Defense of Marriage Act, known as DOMA, bars federal recognition of gay unions and denies gay couples access to pensions, health insurance and other government benefits.

The law was passed by Congress at a time when it appeared Hawaii would become the first state to legalize same-sex marriage. Opponents worried that other states would be forced to recognize such marriages.

Since then, six states have enacted laws or issued court rulings that permit same-sex marriage, including Massachusetts, Maine, Vermont, Connecticut and Iowa. New Hampshire’s law takes effect Jan. 1, 2010.

The Massachusetts lawsuit was brought by seven gay couples and three widowers, all of whom were married in Massachusetts after it became the first state in the country to legalize gay marriage in 2004. They argue that DOMA violates the equal-protection clause of the U.S. Constitution because it treats married gay couples differently than other married couples.

Beatrice Hernandez and Melba Abreu, plaintiffs in the lawsuit, have been married for five years, but they aren’t allowed to file a joint tax return, as heterosexual married couples can. Hernandez said they paid nearly $20,000 more in taxes between 2004 and 2007 than they would have if they had been able to file joint returns.

“It really is separate and unequal treatment,” Hernandez said. “When we were able to marry in 2004, we didn’t receive a different marriage certificate. We received one that was equal for all citizens here in Massachusetts.”

The Justice Department, however, argues that there is no fundamental right to marriage-based federal benefits and says Congress is entitled to address issues of social reform on an “incremental” basis.

“Congress is therefore permitted to provide benefits only to those who have historically been permitted to marry, without extending the same benefit to those only recently permitted to do so,” the government argued in its written response to the lawsuit.

“Congress may subsequently decide to extend federal benefits to same-sex marriages, and this Administration believes that Congress should do so. But its decision not to do so to this point is not irrational or unconstitutional.”

Gay & Lesbian Advocates & Defenders, the legal group that filed the lawsuit, said DOMA is an exception to a long history of the federal government deferring to determinations by the states as to what constitutes marriage.

“We’re seeking justice for the widows and widowers who are denied death benefits, for people who can’t get on their spouse’s health plan, for parents who can’t file taxes jointly and pay thousands extra each year that they could put away for their children’s education or family emergencies,” said Gary Buseck, GLAD’s legal director.

A bill to repeal DOMA was introduced in the U.S. House of Representatives on Tuesday by U.S. Rep. Jerrold Nadler, D-N.Y., but has little chance of making it to a vote this year.

1. Slogging through The Brothers Karamazov. Hopefully will be done in three more weeks. Right now all I can say is Grushenka was not worth the effort.

2. Still no one in custody for the murder of three at a Tel Aviv gay and lesbian center. There might have been a personal, not political, motive.

3. Glad the media stopped talking about the “beer summit.” Wish the story was handled  better, but when the (perceived) topic is race there are only so many narratives we like to hear.

4. If you call a  black person a “jungle monkey”  you are not allowed to announce how utterly free of racist animus your soul is.

5. Any summer  movie suggestions?

6. The suspect in the murder of sailor  August Provost, III killed himself. Not sure there will ever be a satisfactory answer to why Provost was murdered.

7. Blueberries are expensive this summer.

8. The leader of the “birther movement” is nutty and needs a cosmetic adviser. And birther crazies? Please leave no comments. Just go fix your tin foil hats.

9. What will I do now that the Olberman and O’Reilly feud is kaput? These two knot heads having a beef is why I don’t miss TV.

10. I’ve said this before, but it needs repeating . Spent the weekend watching season one of  The Wire. Anyone who didn’t nominate the show for an Emmy is a moron.

The unnamed officer allegedly went to Logan Airport to meet Arden and Jordan Jaric when they arrived from California.

The Jarics have appeared in gay adult videos and purport to be a gay couple.  They regularly are booked to strip at gay venues.

Among their credits are the video “Endless Crush” (2007) and “Winter Heat (2008).

The Boston Globe reports that the incident, which allegedly occurred last October, came to light during the investigation of a similar incident by a police officer in Providence, Rhode Island.  The paper does not say what happened to the officer in that case, but during the Providence probe a photo taken by cell phone surfaced showing the Boston police cruiser with it’s lights flashing

The Jarics also noted the police escort on a blog ,the Globe reported, quoting unnamed police sources.

“These are troubling allegations at a time when resources are stretched thin,” Boston Police Commissioner Edward F. Davis said in a statement. 

“The department is taking this matter very seriously and it will be fully investigated,” the statement said.

The officer has been placed on desk duty while an internal affairs investigation is conducted.

In July, Gov. Deval Patrick (D) signed the repeal of a 1913 law that said marriage licenses could not be issued to couples whose weddings would not be recognized in their home states.

The conservative group MassResistance has begun circulating petitions asking voters to reinstate the old law. 

Earlier this month, Cardinal Sean P. O’Malley signed the petition, but now O’Malley is voicing his opposition to the use by MassResistance of his name in asking other priests in the state to circulate the petition at mass.

“It is has come to our attention that you may be receiving a letter from the organization MassResistance, signed by Mr. Brian Camenker, concerning Cardinal Seán having signed a petition pertaining to Massachusetts’ ‘1913 Law’, which deals with out of state couples seeking to marry in the Commonwealth,” O’Malley said in a letter to priests throughout Massachusetts.

“The letter also solicits your help in gathering petition signatures at masses this coming weekend. Please know that the Archdiocese was not contacted about this letter prior to its having been mailed.

“Additionally, the letter presumes to speak of Cardinal Sean’s personal disposition and activities he would undertake as a private citizen. Neither the Archdiocese nor the Cardinal were consulted about these matters at any time. Further, the Archdiocese would not ask pastors or any other persons to gather petition signatures at masses. The Archdiocese’s position concerning political matters is that materials shall not be distributed unless authorized by the United States Conference of Catholic Bishops, or the Massachusetts Catholic Conference, or the Ordinary of the diocese. Regarding the Archdiocese of Boston, none of these has authorized the MassResistance mailing.”

The state Conference of Bishops and MassResistance were two of the three original groups that formed an umbrella organization to attempt to get a ballot measure before voters to amend the Massachusetts constitution to limit marriage to opposite-sex couples.  That effort failed when it was blocked by the legislature.

The third group involved, the Massachusetts Family Institute, already has said it would not participate in the out-of-state marriage repeal bid.

“There is no winning on this issue,” the institute said in August when MassResistance began its effort.

Same-sex couples have been free to marry in Massachusetts since 2004, but only if they were residents of the state. 

Gov. Mitt Romney (R) dusted off the 1913 law and threatened to charge local clerks if they issued marriage licenses to out-of-state same-sex couples.

The old law was originally passed when interracial marriage was legal in Massachusetts but not in most other parts of the country.

After the law was repealed by the legislature, MassResistance began collecting signatures to have a reinstatement question put to voters.  If the group collects enough signatures it still would need approval of the legislature.  The earliest it could appear on the ballot would be 2011.

Scott Pomfret served eight years at St. Anthony Shrine. The book, “Since My Last Confession,” mocks Cardinal Sean O’Malley and suggests some local clergy are sexually active.

Pomfret said he was amazed the friars removed him from leadership because he interviewed many for the book.

Fabio Brandao pleaded not guilty to four civil rights violations, four counts of assault and battery, and three counts of assault and battery with a dangerous weapon.

Municipal Court Judge Eleanor Sinnott has set an Oct. 10 pretrial conference. Until then, he is free on $10,000 bail, but in addition to being ordered not to enter the South End, has been given a 10 p.m. curfew.

The attack took place on Aug. 24.  Brandao, 28, was arrested on Friday.  Several other men alleged to have participated in the beating remain at large.

The names of the victims are being withheld.

Police allege that four people - three men and a woman – were walking along Columbus Avenue in the heart of the gay area when a car pulled up alongside them.  One of those inside the car yelled a homophobic remark at the group.

Police said that Brandao and the other men got out of the car and attacked. They beat two of the men.  When the woman attempted to intervene, she, too, was punched.

The woman was not badly injured.  The two men received head wounds and were treated and then released from the hospital. But according to the police report, neither remembers details of the attack.

The third man and the woman, according to police, were able to jot down the car’s license number as it sped off. A cell phone also was found at the scene. The car and phone led police to Brandao.

Francis Doran, Brandao’s attorney, said his client is a victim of circumstance.

Doran said that Brandao does not have a history of violence. Originally from Brazil, Brandao is a naturalized American citizen and the father of a nine-year old child.

(Boston, Massachusetts) A federal appeals court has upheld a lower court ruling that the military did not violate the constitutional rights of 12 gay and lesbian servicemembers when it discharged them.

The First Circuit Court of Appeals, based in Boston, had been told that under the landmark Supreme Court sodomy ruling that said gays are entitled to equal protection under the law the 12 should be reinstated.

The former servicemembers, all of whom had served during the current war on terror, were represented by the Servicemembers Legal Defense Network.

“‘Don’t Ask, Don’t Tell’ punishes gay, lesbian and bisexual service members . . . for their sexual orientation and for their private, constitutionally protected conduct,” SLDN told the court when it heard arguments in the case last year. 

“As a result, it has denied and continues to deny them several Constitutional rights, including the right of privacy, equal protection of the law, and freedom of speech.”

But lawyers for the Bush administration argued that the sodomy ruling had no bearing on the case because the 12 could abstain from sexual activity and not reveal their sexuality.

Writing for the appellate court Judge Jeffrey Howard said that while some people may question the wisdom of the policy, the court had to defer to congressional decision making.

“[W]hile we are disappointed that the appeals court upheld the lower court ruling, we are encouraged to see judicial recognition that Lawrence v. Texas requires an intermediate level of scrutiny,” SLDN executive director Aubrey Sarvis said in a statement.

Last month, in a separate case,  the 9th U.S. Circuit Court of Appeals ruled the military cannot automatically discharge people because they’re gay in the case of a decorated flight nurse who sued the Air Force over her dismissal. (story)

The three judge panel did not strike down the military’s “don’t ask, don’t tell” policy. But the court reinstated Maj. Margaret Witt’s lawsuit, saying the Air Force must prove that her dismissal furthered the military’s goals of troop readiness and unit cohesion.

Under DADT two people every day are dropped from the military for being gay.

In the 10 years that DADT has been in force more than 10,000 personnel have been discharged as a result of thed policy, including 800 with skills deemed ‘mission critical,’ such as pilots, combat engineers, and linguists. 

The number of gay men and lesbians turned way by military recruiters is unknown.

A study conducted last year for the Servicemembers Legal Defense Network concluded that the U.S. military could attract as many as 41,000 new recruits if gays and lesbians in the military were able to be open about their sexual orientation. 

Last week, former US Sen. Sam Nunn, one of the principle lawmakers responsible for the passage in 1993 of “Don’t Ask, Don’t Tell”, said it is now time for Congress to revisit the law. (story)

Legislation to repeal DADT is currently before Congress. 

House Armed Services Subcommittee Chairwoman Susan Davis said she will hold a hearing on the bill this summer, but a vote is not expected in this session of Congress.

The legislation has 143 House co-sponsors.

In April, Lawrence J. Korb,former Assistant Secretary of Defense under President Ronald Reagan, told a joint hearing of the House Armed Services Air and Land Forces Subcommittee and the House Armed Services Readiness Subcommittee to “get rid of outmoded social restrictions,” such as DADT.

“First, repeal the ‘Don’t Ask, Don’t Tell’ policy,” Korb told the joint hearing. 

“The Army and Marine Corps cannot afford to place unnecessary obstacles in the way of qualified men and women who want to serve.” 

Last year former Secretary of Defense William Cohen and retired Chairman of the Joint Chiefs of Staff John Shalikashvili also called for the ban to be repealed. (story)