In a not unexpected turn of events, the first state to legalize gay marriage is now the first state to pursue a legal challenge against DOMA, the federal Defense of Marriage Act. Reports The Boston Globe:
The lawsuit argues that the DOMA, which was enacted in 1996, precludes same-sex spouses in Massachusetts from a wide range of protections, including federal income tax credits, employment and retirement benefits, health insurance coverage, and Social Security payments.
The defendants named in the lawsuit include the US Department of Health and Human Services, the US Department of Veterans Affairs, and the United States itself. Charles Miller, a US Justice Department spokesman, said, “We haven’t seen it. Once we are served with it, we’ll review it and make a determination as to how to respond.”
The lawsuit questions the constitutionality of Section 3 of the law, which defines the word “marriage” for the purpose of federal law as “a legal union between one man and one woman as husband and wife.” It does not challenge the constitutionality of Section 2, which provides that states are not required to recognize same-sex marriages performed in other states.
Pro-gay-marriage advocates–philosophically and legally–cannot stop from eradicating the traditional definition of marriage in order to preserve their position.
