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Coakley: DOMA Interferes With Mass. Marriage


MARTHA COAKLEY 202001 X390 (GETTY) | ADVOCATE.COM

On Thursday, Massachusetts attorney general Martha Coakley said the Defense of Marriage Act, the law that defines marriage as a union between a man and a woman, interferes with her state's right to regulate the institution, the Associated Press reports.
 
Coakley is asking the federal government to bypass a trial and give a summary judgment, which would rule the law unconstitutional without holding a full trial. The suit was filed last July.

“The federal government has no legitimate interest in ‘preserving the status quo’ where the status quo is invidious discrimination,” Coakley wrote in papers filed Thursday.

Coakley argued that regulating marital status traditionally is a matter for states, but the federal law has created a two-tier system of benefits for married couples in Massachusetts.

“Massachusetts cannot receive or retain federal funds if it gives same-sex and different-sex spouses equal treatment, namely by authorizing the burial of a same-sex spouse in a federally-funded veterans’ cemetery and by recognizing the marriages of same-sex spouses in assessing eligibility for Medicaid health benefits,” Coakley said.

Federal officials have until April 30 to respond.

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Reader Comments
  • Name: Keisha Latourne, Esq.
    Date posted: 2/23/2010 12:14:35 AM
    Hometown: Irvington, MA

    Comment:

    Now THAT'S what I'm talking about! How you doin'?????

  • Name: Ryan
    Date posted: 2/21/2010 7:50:37 PM
    Hometown: Boston

    Comment:

    Boycotting the census is a really dumb as idea. For one thing, its a crime. For another, it determines how much federal funding and electoral clout your state gets. By all means, list yourself as married, but boycotting it is cutting off your nose to spite your face.

  • Name: Boycott 2010 Census because of DOMA
    Date posted: 2/20/2010 6:17:23 PM
    Hometown: Ca.

    Comment:

    Looking over the Census web site and am considering boycotting it. Reading that because of DOMA my legal marriage in California and every one elses same sex marriage regardless of where it was performed wil not be /can not be calculated into the 2010 census. On further reading I find that earlier data (gender,spouse) was "edited" and that the government is not only "cooking" the books but that they are keeping "two sets of books". Anyone else planning on boycotting the 2010 census or offering their opinion on why we should not boycott?

  • Name: Jacob
    Date posted: 2/20/2010 5:13:56 PM
    Hometown: Council Bluffs, IA

    Comment:

    I live in Iowa and was married last May. I wrote a letter to Iowa's attorney general asking for him to do the same. Everyone who lives in a state where same sex marriage is legal should do this. It may open a door to get DOMA out. It does sound like a legit legal arguement to me as well.

  • Name: Evan
    Date posted: 2/20/2010 2:51:18 PM
    Hometown: New York

    Comment:

    Martha Coakley's actions are most welcome, but isn't first. GLAD filed a lawsuit for summary judgment on March 3, 2009 in Federal District Court in Boston on behalf of eight married couples and three surviving spouses from Massachusetts who have been denied federal legal protections available to spouses. For full details, see glad-dot-org/doma/lawsuit

  • Name: Nick
    Date posted: 2/20/2010 7:24:20 AM
    Hometown: Glasgow

    Comment:

    So maybe Scott Brown's win was a blessing in disguise? Now Coakley can vigorously prosecute DOMA. It often seem that same-sex marriage is a continuing action and reaction. The Goodridge decision helped the backlash with the FMA and state amendments in 04, but Bushes call for the FMA at his 2004 state of the union led directly to Mayor Newsom performing marriages in San Francisco which ended in the In Re Marriage decision. Now there is the first serious federal trial as a result of prop 8, and under a gay judge no less. So the Dems loose their 60 seat majority, but we get to keep Martha as the Mass. A-G and who might be able to start breaking down DOMA. Its weird how same-sex marriage history happens, its one step forward, two steps back, then three steps forward

  • Name: MP
    Date posted: 2/19/2010 11:49:46 PM
    Hometown: Manchester

    Comment:

    If the DOMA door can't be broke down, at least Martha is trying to kick in a window. I say you go girl! She's doing more than some of our "ally politicians."

  • Name: Don
    Date posted: 2/19/2010 9:23:45 PM
    Hometown: Evansville

    Comment:

    Mark, Coakley's argument is actually one that may appeal to at least three of the conservative Supreme Court justices. While I agree that in general they are not in favor of gay marriage, Coakley's argument is actually a very "conservative" argument, based upon a strict construction of the Constitution and "original intent".

  • Name: There's been a bad accident! Heaven Forbid!
    Date posted: 2/19/2010 9:14:25 PM
    Hometown: Santa Ana CA.

    Comment:

    Mark you mean like a BAD "accident"? A slip or trip? A terrible car crash? A what was that we just ran over? A speeding Toyota accelerating out of control headed for the cross walk? A nasty fall down a few flights of stairs or onto the tracks as the express train pulls into the station? An OMG how did rat poison get into the tuna salad at the Deli type accident? The world can be such a dangerous place.

  • Name: Mark
    Date posted: 2/19/2010 8:00:37 PM
    Hometown: Wappingers Falls

    Comment:

    Unfortunately, thanks to Adolph Bush, the Supreme Court is made up of a majority of 5 radical right wing fundamentalist Christian activist judges who use their interpretation of the Bible for their decisions rather than the US Constitution. Though MA has a wonderful argument, our only hope for equality is for one of the 5 to pass away or retire and be replaced by a constitutional judge. Anybody ready for the revolution yet?



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