Obama Administration fights Massachusetts to keep gay marriage illegal
May 27th, 2010 | By Michael Thomas, Kentucky Political Editor & Senior Contributor | Category: Kentucky Guardian News, Lead Story, National News
Attorney General Martha Coakley, chief lawyer and law enforcement officer of the Commonwealth of Massachusetts.
On July 08, 2009 the Commonwealth of Massachusetts sued the United States Government for infringing on the sovereignty of the Commonwealth with the Defense of Marriage Act (DOMA) because marriage is “an exclusive prerogative of the states.” (previous story)
Massachusetts fought back by suing the United States Government for not recognizing legally married same-sex couples in Massachusetts.
“In enacting DOMA, Congress overstepped its authority, undermined states’ efforts to recognize marriages between same-sex couples, and codified an animus towards gay and lesbian people.” - Massachusetts Attorney General Martha Coakley
Massachusetts Attorney General Martha Coakley continued:
“The federal Defense of Marriage Act interferes with the right of Massachusetts to define and regulate marriage as it sees fit. The 1996 law denies federal recognition of gay marriage and gives states the right to refuse to recognize same-sex marriages performed in other states.”
The lawsuit, filed in federal court in Boston, argues the act “constitutes an overreaching and discriminatory federal law. ”
Obama Administration Defends the rights of the federal government to deny gay marriage
Yesterday, the Obama administration defended its right to define marriage as a heterosexual union before a federal judge considering the constitutionality of the Defense Of Marriage Act (DOMA), the AP reported.
The Massachusetts Office of Attorney General has no intention of backing down. Massachusetts is challenging the section of the law that denies married gay and lesbian couples federal benefits such as income tax credits, employment and retirement benefits, health insurance coverage and Social Security payments.
Massachusetts Attorney General Representing over 15,000 Gay Couples; Massachusetts Attorney’s General Office Slams the Obama Administration
Representing the nearly 16,000 gay couples who have married in Massachusetts since gay marriage became legal in 2004, Assistant Attorney General Maura Healey argued that the right to define marriage has always been the sovereign jurisdiction of held by the states.
“Never before has the federal government told a married couple that they are married under state law but not under federal law,” Healey said, adding that states “have always had exclusive control over defining and regulating marriage.”
DOMA also allows states to ignore legal gay marriages performed in other states, but the attorney general is not challenging this section of the law. A win then would only affect states that have legalized such unions.
Christopher Hall, a U.S. Justice Department lawyer, argued the federal government has the right to define marriage and set eligibility requirements for federal benefits.
Massachusetts Assistant Attorney General Healey also argued that DOMA “forces Massachusetts to discriminate against its own citizens” because it interferes with the state’s authority to regulate marriage.
Hall disagreed, saying the law doesn’t forbid states from legalizing gay marriage.
In a brief submitted to the court, the Massachusetts Office of Attorney General also states that the law “codified an animus towards gay and lesbian people.”
First Time a State Has Sued the U.S. Government over Gay Marriage Rights; Activists believe all hope of striking down the Defense of Marriage Act is in the hands of Massachusetts
The Commonwealth of Massachusetts suing the United States Government is the first time an actual state has sued the federal government over same-sex marriage.
According to The National Law Journal, and the National Legal Scholars Council, all hope of striking down the federal Defense of Marriage Act (DOMA) passed in 1996 which prevents the federal government from recognizing marriages performed within states resides with the Commonwealth of Massachusetts.
“If you’re looking to effect legal change, you’re looking for plaintiffs who have been harmed, a lawsuit reasonably well-funded, and the legal expertise to take it up [to] the appellate process,” said Arthur Leonard of New York Law School, an expert on gay and lesbian legal issues. Of the four current lawsuits against DOMA, the suit filed in July 2009 by Massachusetts Attorney General Martha Coakley, is well-focused, well-financed, highly lawyered, and an infringement on the sovereignty of the Commonwealth of Massachusetts. If you listen to the Massachusetts Attorney General Press Conference, you will become convinced as well.”
Commonwealth Vs. United States Government is likely to reach the U.S. Supreme Court.
2009 Press Conference: Commonwealth of Massachusetts Sues the U.S. Government over DOMA (part 1 of 2)
2009 Press Conference: Commonwealth of Massachusetts Sues the U.S. Government over DOMA (part 2 of 2)
United We Stand (old version)
[...] Read more from the original source: Obama Administration fights Massachusetts to keep gay marriage … [...]
[...] This post was mentioned on Twitter by Deanna DeAngelo, United We Stand KY. United We Stand KY said: [New Post] Obama Administration fights Massachusetts to keep gay marriage illegal – via @twitoaster http://bit.ly/9XnwO7 [...]
[...] posted here: Obama Administration fights Massachusetts to keep gay marriage … AKPC_IDS += "9329,";Popularity: unranked [...]
[...] Obama Administration fights Massachusetts to keep gay marriage illegal – United We Stand | Ken… [...]
[...] Obama Administration fights Massachusetts to keep gay marriage … [...]
[...] is the original post: Obama Administration fights Massachusetts to keep gay marriage … Posted in Administration | Tags: a-federal-judge, constitutionality, defended-its, defense, [...]
[...] Obama Administration fights Massachusetts to keep gay marriage … [...]
[...] Obama Administration fights Massachusetts to keep gay marriage … [...]
[...] Obama Administration fights Massachusetts to keep gay marriage … [...]
[...] Obama Administration fights Massachusetts to keep gay marriage … [...]
[...] Obama Administration fights Massachusetts tο keep gay marriage … [...]
[...] Obama Administration fights Massachusetts to keep gay marriage … [...]
[...] Obama Administration fights Massachusetts to keep gay marriage … [...]
[...] Obama Administration fights Massachusetts to keep gay marriage … [...]
[...] Obama Administration fights Massachusetts to keep gay marriage … [...]
[...] Obama Administration fights Massachusetts tο keep gay marriage illegal – United Wе St… [...]
[...] Obama Administration fights Massachusetts to keep gay marriage … [...]
[...] Obama Administration fights Massachusetts to keep gay marriage … [...]
[...] According to her: [...]
[...] Obama Administration fights Massachusetts to keep gay marriage … [...]
I think it is better for the people if it wouldn´t be a problem for gay couples to get married. Fact is round about 5% of the humens are gay. Why I have to care about it – if they are happy with it… and normaly the want to life their live in peace … wher is the problem. The problem is only our sociaty whitch will not accept it and in many positions you have to get married. But what is more painful…. a gay couple (and they are happy) or a gay who married a hetro and is not happy at all…. and hom much pain for all (maybe family with cildren) when the diforces after a while ? So let se people get happy public and not only for privat.
Love have no gender…if someone makes you happy and you love him/her go ahead. No one have the right to tell anyone who they must love. Love is free. Period. Gay people aren’t asking straight people to do it anyway, so what
What a great resource!
[...] passing U.S. House Resolution 3567, the United States Government could save nearly $1,685,000.00 (estimate) in legal fees defending itself f… who says the U.S. Defense of Marriage Act overreached and infringes on the sovereignty of the [...]
[...] It is unconstitutional “for the federal government to decide who is married and to create a system of first and second-class marriages,” Massachusetts Attorney General Martha Coakley said in a statement. (previous story) [...]
Hi there! I know this is kinda off topic but I’d figured I’d ask. Would you be interested in exchanging links or maybe guest writing a blog post or vice-versa? My site covers a lot of the same topics as yours and I think we could greatly benefit from each other. If you’re interested feel free to shoot me an email. I look forward to hearing from you! Excellent blog by the way!