Mass. Sues Feds Over Definition of Marriage

A moderated forum for more thoughtful discussion.

Moderators: pd Rydia, LadyDragonClawsEDW

User avatar
Kai
Fighting the Iron Law of Oligarchy Since 2006
 
Posts: 2408
Joined: Thu Oct 28, 2004 12:32 pm
Location: Indianapolis

Mass. Sues Feds Over Definition of Marriage

Unread postby Kai » Fri Jul 17, 2009 9:29 am

Mass. Sues Feds Over Definition of Marriage
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.

User avatar
BrainWalker
✔+
 
Posts: 2857
Joined: Sun Sep 08, 2002 8:59 pm

Re: Mass. Sues Feds Over Definition of Marriage

Unread postby BrainWalker » Fri Jul 17, 2009 2:11 pm

Holy shit that's awesome. That is so awesome it almost neutralizes the anti-awesome of learning about the situation in Bhopal
Anime is kind of like fish in that it is better the less "fishy" it is.

User avatar
pd Rydia
Moderator
 
Posts: 5269
Joined: Mon Apr 22, 2002 4:12 pm
Location: Temple of Fiends

Re: Mass. Sues Feds Over Definition of Marriage

Unread postby pd Rydia » Sun Jul 19, 2009 11:19 am

Maybe this will get Obama to actually do something, and quit pussyfooting around with GLBT rights.

User avatar
Spleen
I put a BOMB inside EVERY BAD GUY!
 
Posts: 2625
Joined: Tue Apr 23, 2002 5:07 pm
Location: Demon Realms of Niu-Jiurzi

Re: Mass. Sues Feds Over Definition of Marriage

Unread postby Spleen » Tue Jul 21, 2009 2:21 pm

Every time I hear about another setback in the rights of the LGBT community, I feel shock set in. These are lawmakers doing this. These people are supposed to be intelligent, educated, and worldly. Every time I hear that something has come into contact with state constitutions or previous laws or whatever, I think "That stuff can all be changed!" Why isn't every single state pushing through a "HEY GAY MARRIAGE IS COOL" amendment to their constitutions? Why do people suck?

But go Massachusetts! All riiiiiiiiight!
"Tell you what, Leto, I won't fight with you. Zeus' wives are pretty tough customers. You have my permission to boast openly that you have beaten the daylights out of me."
-Hermes, the Iliad (Stanley Lombardo, translator) Book 21

Idran1701
None some call is air am
 
Posts: 42195
Joined: Wed May 29, 2002 9:37 am

Re: Mass. Sues Feds Over Definition of Marriage

Unread postby Idran1701 » Tue Jul 21, 2009 4:14 pm

To be fair, some states (such as mine) can only amend their constitution with a vote by the people, so it isn't necessarily the lawmakers in every state. That only shifts the blame, but you can't blame the lawmakers in every state where gay marriage bills haven't yet been passed.

User avatar
Spleen
I put a BOMB inside EVERY BAD GUY!
 
Posts: 2625
Joined: Tue Apr 23, 2002 5:07 pm
Location: Demon Realms of Niu-Jiurzi

Re: Mass. Sues Feds Over Definition of Marriage

Unread postby Spleen » Thu Jul 23, 2009 12:01 am

WATCH ME.

Yeah, I know. Still, this should be getting done faster than it is.
"Tell you what, Leto, I won't fight with you. Zeus' wives are pretty tough customers. You have my permission to boast openly that you have beaten the daylights out of me."
-Hermes, the Iliad (Stanley Lombardo, translator) Book 21

User avatar
pd Rydia
Moderator
 
Posts: 5269
Joined: Mon Apr 22, 2002 4:12 pm
Location: Temple of Fiends

Re: Mass. Sues Feds Over Definition of Marriage

Unread postby pd Rydia » Thu Jul 23, 2009 10:31 am

Spleen wrote:Why isn't every single state pushing through a "HEY GAY MARRIAGE IS COOL" amendment to their constitutions?
Why isn't the federal gov't?

User avatar
BrainWalker
✔+
 
Posts: 2857
Joined: Sun Sep 08, 2002 8:59 pm

Re: Mass. Sues Feds Over Definition of Marriage

Unread postby BrainWalker » Thu Jul 23, 2009 11:15 am

Because politicians want to be re-elected, no matter how progressive they are?
Anime is kind of like fish in that it is better the less "fishy" it is.

Idran1701
None some call is air am
 
Posts: 42195
Joined: Wed May 29, 2002 9:37 am

Re: Mass. Sues Feds Over Definition of Marriage

Unread postby Idran1701 » Fri Jul 24, 2009 6:22 am

pd Rydia wrote:
Spleen wrote:Why isn't every single state pushing through a "HEY GAY MARRIAGE IS COOL" amendment to their constitutions?
Why isn't the federal gov't?


Because it's the federal government's position that marriage is and always has been an issue for the states. Whether you agree with that or not (I personally don't, though I'm neither a lawyer nor a constitutional scholar, so my opinion isn't really worth much on that), that's their current position.

User avatar
Kai
Fighting the Iron Law of Oligarchy Since 2006
 
Posts: 2408
Joined: Thu Oct 28, 2004 12:32 pm
Location: Indianapolis

Re: Mass. Sues Feds Over Definition of Marriage

Unread postby Kai » Fri Jul 24, 2009 10:26 am

Except for that whole DOMA thing, which is MA's problem.

Idran1701
None some call is air am
 
Posts: 42195
Joined: Wed May 29, 2002 9:37 am

Re: Mass. Sues Feds Over Definition of Marriage

Unread postby Idran1701 » Sat Jul 25, 2009 12:25 am

...Oh, bah, you're right, I forgot about that law entirely. I don't know what I was thinking - ignore me on that.

User avatar
BrainWalker
✔+
 
Posts: 2857
Joined: Sun Sep 08, 2002 8:59 pm

Re: Mass. Sues Feds Over Definition of Marriage

Unread postby BrainWalker » Sat Jul 25, 2009 12:11 pm

No, my understanding is that you had the right of it, Idran, which is why MA is annoyed by DOMA.

It's like,

Fed: Okay, you guys get to define the legality of marriage for yourselves.
States: Sure thing, boss.
Fed: Except now we're going to define marriage as being between one man and one woman.
MA: WTF?

Granted, I'm even less a legal scholar than Idran.
Anime is kind of like fish in that it is better the less "fishy" it is.

User avatar
pd Rydia
Moderator
 
Posts: 5269
Joined: Mon Apr 22, 2002 4:12 pm
Location: Temple of Fiends

Re: Mass. Sues Feds Over Definition of Marriage

Unread postby pd Rydia » Sun Jul 26, 2009 10:44 am

Meanwhile, a number of folks are kinda agog at the idea of the federal gov't saying it's a "matter for the states" to decide whether or not to recognize the civil rights of a portion of its citizens.

User avatar
Archmage
REAL DOCTOR. FROM AMERICA.
 
Posts: 442
Joined: Mon Jan 08, 2007 10:43 pm
Location: Indianapolis, IN

Re: Mass. Sues Feds Over Definition of Marriage

Unread postby Archmage » Mon Jul 27, 2009 8:39 am

And if for some reason anyone is unclear on why "let the states decide" is a poor mantra, well...
Image


Return to Discussion Forum

Who is online

Users browsing this forum: No registered users and 2 guests

cron

Yalogank