Tuesday, February 23, 2010

Massachusetts Says DOMA is Unconstitutional

I suspect that I have mentioned this litigation previously, but it is still worth noting that the Commonwealth of Massachusetts has sued to have the Federal Defense of Marriage Act struck down as unconstitutional and abridging Massachusetts' right to regulate marriage as has been the state custom since the beginning of the USA. Leading the charge is Massachusetts Attorney General, Martha Coakley who now maintains that no trial is needed to strike down DOMA and the court hearing the case can decide the matter purely as a matter of law. Personally, I believe that Cloakley is correct on this issue. What's even more interesting is that now it is a sovereign state challenging the federal law as opposed to individual LGBT citizens. Here are some highlights from 365gay.com:
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Massachusetts Attorney General Martha Coakley says a federal law that defines marriage as a union between a man and a woman interferes with her state’s right to regulate the institution.
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Coakley’s office filed a lawsuit in July challenging the federal Defense of Marriage Act. In papers filed late Thursday, Coakley asks a judge to deem the law unconstitutional without holding a trial on the lawsuit.
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Coakley argues that regulating marital status has traditionally been left to the states. She also says the federal law treats married heterosexual couples and married same-sex couples differently on Medicaid benefits and burial in veterans’ cemeteries.

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