Massachusetts Sues Feds on DOMA

Massachusetts has filed a lawsuit challenging the constitutionality of the federal Defense of Marriage Act, on the basis that it violates the rights of individual states to legislate on such private matters:

Massachusetts, the first state in the nation to legalize gay marriage, has become the first to challenge the constitutionality of a federal law that defines marriage as the union of a man and a woman, saying Congress intruded into a matter that should be left to individual states.

“Our familes, our communities, and even our economy have seen the many important benefits that have come from recognizing equal marriage rights and, frankly, no downside,” Attorney General Martha Coakley said this afternoon at a news conference announcing the lawsuit. “However, we have also seen how many of our married residents and their families are being hurt by a discriminatory, unprecedented, and, we believe, unconstitutional law.”

The suit filed in US District Court in Boston claims that the Congress, in enacting the DOMA, “overstepped its authority, undermined states’ efforts to recognize marriages between same-sex couples, and codified an animus towards gay and lesbian people.”
The lawsuit argues that the DOMA, which was enacted in 1996, precludes same-sex spouses in Massachusetts from a wide range of protections, including federal income tax credits, employment and retirement benefits, health insurance coverage, and Social Security payments.

The defendants named in the lawsuit include the US Department of Health and Human Services, the US Department of Veterans Affairs, and the United States itself. Charles Miller, a US Justice Department spokesman, said, “We haven’t seen it. Once we are served with it, we’ll review it and make a determination as to how to respond.”

The lawsuit questions the constitutionality of Section 3 of the law, which defines the word “marriage” for the purpose of federal law as “a legal union between one man and one woman as husband and wife.” It does not challenge the constitutionality of Section 2, which provides that states are not required to recognize same-sex marriages performed in other states.

The suit alleges that the law violates the 10th Amendment to the Constitution, which reserves to the states all powers except those granted to the federal government. It also alleges that the law violates Article 1, Section 8 of the Constitution, which limits the power of Congress to attach conditions to the receipt of federal funds.

Another organization — Gay & Lesbian Advocates & Defenders (GLAD) — is preparing its own legal challenge to DOMA, which, Bil Browning tells us, will allege that DOMA violates constitutional guarantees of equal protection.

Pam’s House Blend links to the pdf of the complaint, and plus has further information about the lawsuit, as well as a roundup of reaction from GLBT advocacy organizations (and from Barney Frank).

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