State Sues Federal Government on Marriage Law

Thursday, July 9, 2009 at 03:17 PM

Massachusetts is once again leading the charge for all couples to have equal rights in marriage.

The state that was the first in the nation to legalize gay marriage became the first state to sue the federal government over a 1996 law called the Defense of Marriage Act that denies same-sex couples certain rights and protections other married couples enjoy.

"We're taking this action today because, first, we believe that [the Defense of Marriage Act] directly interferes with Massachusetts' long-standing sovereign authority to define and regulate the marital status of its residents," Massachusetts Attorney General Martha Coakley said today.

The rights in question are that gay couples are being denied include federal income tax credits, employment and retirement benefits, health insurance coverage and Social Security payments.

The state legalized gay marriage in 2004 and has stated that since then approximately 16,000 same-sex couples have been married.

Charles Miller, spokesman for the U.S. Justice Department, told the Boston Globe that the case would be reviewed.

"The president supports legislative repeal of the defense of marriage act because it prevents LGBT couples from being granted equal rights and benefits," Miller said.ADNFCR-1918-ID-19258978-ADNFCR

Ask a Question

Get free answers from real lawyers.

Top Family Contributors

1.
Alan James Brinkmeier
Contributor Level 10
74 answers, 0 legal guides
2.
No photo
Contributor Level 7
43 answers, 0 legal guides
3.
Steven Alan Fink
Contributor Level 8
38 answers, 0 legal guides
View all Family Lawyers on the Contribution Leaderboard