Massachusetts AG challenges Defense of Marriage Act

On July 8, Massachusetts AG Martha Coakly filed a federal lawsuit claiming the federal Defense of Marriage Act is unconstitutional.  The details are below.

• The Defense of Marriage Act defines marriage as the union of one man and one woman.
• As a result, same-sex marriages are not eligible for many federal benefits, including social  security survivorship benefits and federal estate and gift tax benefits.
• The lawsuit was filed in U.S. District Court of Massachusetts against the U.S. Dep't. of Health, Dep't. of Veterans Affairs, and others.
• The lawsuit asserts that the Act is unconstitutional because it violates the state's sovereign authority to regulate marriage.
• The lawsuit also asserts that the Act is unconstitutional because it exceeds the permissible restrictions congress can place on federal funding.

See Sheri Qualters, Masachusetts AG challenges Defense of Marriage Act, Nat'l L.J., July 8, 2009.