Home

Massachusetts Challenges Defense of Marriage Act
Download PDF
1 Star2 Stars3 Stars4 Stars5 Stars (No Ratings Yet)
Loading...

Attorney General Martha Coakley of Massachusetts filed a lawsuit in July of 2009 challenging the Defense of Marriage Act.  The state argues that the law forces Massachusetts, the first in the country to legalize gay marriage, to discriminate against gay and lesbian couples. Coakley filed papers in US District Court on Thursday asking a judge to deem the law unconstitutional without holding a trial on the lawsuit.

Coakley argues that the regulation of marriage has traditionally been left to the states and that a conflict exists between federal laws treating heterosexual and homosexual couples differently and Massachusetts law. For example differences exist when determining Medicaid benefits and when determining whether a spouse of a veteran can be buried in a Massachusetts veteran’s cemetery.

Coakley said the law forces her state, “to engage in invidious discrimination against its own citizens in order to receive and retain federal funds in connection with two joint federal-state programs…Massachusetts cannot receive or retain federal funds if it gives same-sex and different-sex spouses equal treatment, namely by authorizing the burial of a same-sex spouse in a federally funded veterans’ cemetery and by recognizing the marriages of same-sex spouses in assessing eligibility for Medicaid health benefits.”

  
What
Where


Coakley made the filing in response to a U.S. Justice Department motion to dismiss the lawsuit and to support Coakley’s request to declare the law unconstitutional without holding a trial. The Obama Administration had acknowledged the discriminatory nature of the law and wants Congress to repeal it but the Justice Department says it has an obligation to defend laws enacted by Congress. The Department argues that there is no fundamental right to marriage-based federal benefits in asking for a dismissal of the Massachusetts lawsuit.



 

Interesting Legal Sites You May Like


BCG FEATURED JOB

Locations:

Keyword:



Search Now

Mid-Level Commercial Business Litigator

USA-CA-Los Angeles

Los Angeles office is seeking a commercial business litigation attorney with 2-5 years of experience...

Apply Now

Senior Level Litigator

USA-CA-Woodland Hills

Woodland Hills office is seeking a litigation attorney with 5-7 years of experience and a background...

Apply Now

Litigation Associate Attorney

USA-CT-Stamford

Stamford office of our client seeks litigation associate attorney with 3+ years of experience. The c...

Apply Now

Experienced Estate Planning Attorney

USA-CA-Torrance

Torrance office is seeking an estate planning attorney with 7-10 years of experience.

Apply Now

RELEVANT JOBS

MID-HUDSON NY LAW FIRM ATTORNEYS & PARALEGALS WANTED

USA-NY-Chester

Attorneys and paralegals wanted for a fast growing Mid-Hudson NY commercial law firm with clients th...

Apply now

Junior Associate

USA-NJ-New Brunswick

Please note, applicants who do not fully read the job description and submit ALL requested documents...

Apply now

MID-HUDSON NY LAW FIRM ATTORNEYS & PARALEGALS WANTED

USA-NY-Chester

Attorneys and paralegals wanted for a fast growing Mid-Hudson NY commercial law firm with clients th...

Apply now

Litigation paralegal

USA-TX-Dallas

We are looking to immediately hire a responsible, highly organized, self-motivated litigation parale...

Apply now

SEARCH IN ARCHIVE

To Top