Sunday, February 21, 2010

Massachusetts Attorney General Coakley Files Lawsuit Challenging Constitutionality Of Federal "Defense Of Marriage Act"

The AP reports that a "federal law that defines marriage as a union between a man and a woman forces Massachusetts, the first state in the country to legalize gay marriage, to discriminate against same-sex couples, state Attorney General Martha Coakley argues in court papers. Coakley’s office filed a lawsuit in July challenging the federal Defense of Marriage Act. In court papers filed in US District Court on Thursday, Coakley asked a judge to deem the law unconstitutional without holding a trial on the lawsuit. Coakley argues that regulating marital status has traditionally been left to the states. She said the federal law treats married heterosexual couples and married same-sex couples differently; for instance, when determining eligibility for Medicaid benefits and when determining whether the spouse of a veteran can be buried in a Massachusetts veterans cemetery."

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