Mass. Sues Feds Over Definition of Marriage
Posted: 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.