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Mass. Files Suit Against DOMA


Massachusetts attorney general Martha Coakley filed suit Wednesday against the federal government over the Defense of Marriage Act.

Coakley says DOMA interferes with Massachusetts's ability to define and regulate marriage; the commonwealth has allowed same-sex marriage since 2004. On a conference call on Wednesday, Coakley called DOMA "discriminatory" and says it undermines and complicates legal matters in Massachusetts because it often puts the state in conflict with the federal government.

DOMA was enacted in 1996 after Hawaii briefly considered same-sex marriage. The act denies federal recognition of same-sex marriage and gives states the right to refuse recognition of same-sex marriages lawfully performed in other states.

Among many of its arguments, Coakley's suit argues that DOMA requires Massachusetts to violate the constitutional rights of its citizens by treating married heterosexual couples and married same-sex couples differently when doling out Medicaid benefits and Social Security payouts to spouses. Coakley brought up another example: Massachusetts is given federal money to maintain a military cemetery that doesn't allow the same-sex spouses of fallen soldiers to be buried there.

The lawsuit was filed in federal court in Boston, and is the second case against DOMA; a case was filed in March by the Massachusetts legal advocacy group Gay and Lesbian Advocates and Defenders.

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Reader Comments
  • Name: PJR
    Date posted: 7/10/2009 2:00:00 AM
    Hometown: Michigan

    Comment:

    Brad Bailey - Get as curiously attracted hopeful as you dare embarrass yourself iwth, but just know in the end yours will be an unrequited love, er, lust! Sorry! I know it hurts, but in the end you'll have to face up to it's only how you roll! What is odd is how many gay fellas as posters post that Perez Hilton kind gee I hope he's a closet gay stuff though, this truly oddity permeating to the point it proves a mental disorder kinda thing going on with the majority of commenters! No facts ever posted, just PJR must be a closet gay as hope! Amazing!

  • Name: Brad Bailey
    Date posted: 7/9/2009 11:14:00 PM
    Hometown: Fayetteville, Arkansas

    Comment:

    I think you may have hit a lilttle too close to home, Reginald.

  • Name: PJR
    Date posted: 7/9/2009 4:55:00 PM
    Hometown: Michigan

    Comment:

    Reginald - your heterophobic hate overwhelms you. Typical gay heterophobia! If someone disagrees with your point of view, and holds defacto the majority point of view, you try to spin it as hate. Then it's always the Perez Hilton tactics that don't add up, homophobic but homo!! You need to get out of the house a bit and find some friends outside the bedroom!

  • Name: Brad Bailey
    Date posted: 7/9/2009 2:00:00 PM
    Hometown: Fayetteville, Arkansas

    Comment:

    Well-said, Reginald.

  • Name: Joe
    Date posted: 7/9/2009 1:22:00 PM
    Hometown: Arlington, VA

    Comment:

    Interesting and exciting! I think this lawsuit has a great chance of success because of the various anti-federalism clauses in the U.S. Constitution. I doubt if an argument about gay discrimination even needs to be made. Conservatives tend to support anti-federalism, and the current SCOTUS is predominantly conservative.

  • Name: Bruce
    Date posted: 7/9/2009 1:22:00 PM
    Hometown: tulsa

    Comment:

    Some people are still putting forth the fairy tale that people choose to be gay. I think that is what is ultimately behind DOMA. A guy named Max Vega is testing this hypothesis at fourcamelsatsea.

  • Name: Reginald
    Date posted: 7/9/2009 12:31:00 PM
    Hometown: Boston

    Comment:

    Back to PJR--amusing to me that you claim to know 'what people in MA want.' You obviously don't. Your own agenda of hatred is as patently obvious as your own closeted homosexuality. You can run, but you cannot hide forever my friend. Invoking a supposed and mythical majority is such a tired old strategy; can't you think of anything an eensy weensy bit more original? Just as 'anti-miscegination' laws were struck down state-by-state so will anti-gay laws be removed eventually. If this 'threatens' you than you need to make peace with your own sexuality. Good luck PJR...go go get 'em, someone is right for you out there. When you find that person and find happiness, perhaps you can find a more important issue to worry about. Homeless teens---now that's a group that could use some more good advocates. Step up to the plate

  • Name: PJR
    Date posted: 7/9/2009 11:46:00 AM
    Hometown: Michigan

    Comment:

    More gay agenda insidiously placed gay activists in positions of authority. This woman is hardly representing the will of the majority of people in Mass. Fortunately, this is a good thing that will work in reverse via her forcing the issue. There are 49 other States and Attorney Generals, and most all of these AG's far superior in ability than this knucklehead. They are now compelled to join in the fracas! In the end, even via the courts, the majority and superior view will hold the day! Thanks Massechusettes AG, for being so gay agenda driven it dumbs you up. It's appropriate the good end to this garbage comes via those that actually promote the evil!

  • Name: Beth
    Date posted: 7/9/2009 8:37:00 AM
    Hometown: Philly

    Comment:

    While this is fantastic news and the citizens of MA should be very proud, it's also kind of annoying. Why can't any other state/commonwealth take some initiative on equality. It would be nice to see more pressure on states that aren't so progressive.......like my own.

  • Name: Allen
    Date posted: 7/9/2009 8:30:00 AM
    Hometown: Florence, SC

    Comment:

    If wishes were horses...At every turn Massachusetts makes me want to move there more and more. It truly is becoming a shining city upon a hill.

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