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Mass. Sues US Over Definition of Marriage

By Harry Kimball,  Newser Staff

Posted Jul 8, 2009 1:55 PM CDT

(Newser) – Massachusetts has challenged the constitutionality of the federal Defense of Marriage Act, which defines marriage as a union between a man and a woman, saying it interferes with a state's right to define and regulate marriage, the Boston Globe reports. “In enacting DOMA,” the lawsuit reads, “Congress overstepped its authority, undermined states' efforts to recognize marriages between same-sex couples, and codified an animus towards gay and lesbian people.”

Massachusetts, the first state to legalize gay marriage, argues that “the security and stability of families has been strengthened in important ways throughout the state.” It says 16,000 same-sex marriages have occurred since the 2004 decision, but that those couples “are still denied essential rights and protections.” An anti-gay-marriage group says DOMA has already been ruled constitutional, and “the suit will have no credibility in the federal courts.”

Massachusetts Attorney General Martha Coakley.
Massachusetts Attorney General Martha Coakley.   (AP Photo)
Gay rights protesters in Boston.
Gay rights protesters in Boston.   (AP Photo)
A black flag flies over the rainbow flag that was set at half-mast in the Castro District after the California State Supreme Court ruling on same sex marriage in San Francisco, Wednesday, May 27.
A black flag flies over the rainbow flag that was set at half-mast in the Castro District after the California State Supreme Court ruling on same sex marriage in San Francisco, Wednesday, May 27.   (AP Photo)
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Same-sex couples in Massachusetts are still denied essential rights and protections because the federal Defense of Marriage Act interferes with the Commonwealth's authority to define and regulate marriage. - State of Massachusetts lawsuit

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COMMENTS
Showing 3 of 22 comments
kokuaguy
Jul 10, 2009 1:48 AM CDT
I think the debate had run its course before you got here, AP. However, I will attempt to indulge you. First of all, did you read Sharfeh's post? If not please do so, then click on her "avatar" and read her profile. Now, as deebles has said, it's not about their "activities", its about falling in love. The problem with the word homosexual is that it has the word sex in it. You certainly could not object to a same gender couple who were in love but for whatever reason lived together in a committed but a celibate relationship, could you? If they adopted children and reared them together, owning property and sharing their incomes, why would it harm society to grant them the rights of a married couple?
2-bits
Jul 9, 2009 7:15 AM CDT
Great post shanangreg. Precisely. I just can't figure out how *we* are supposed to be the ones who are the moral relativists.
chas_m
Jul 9, 2009 5:18 AM CDT
I have no idea if "freethemall" is a dirty stinking hippy or not, but that doesn't preclude him (or her) being right. And in this case, he (or she) is. DOMA is flatly unconstitutional. Regardless of how you feel about gay marriage.

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