Massachusetts Sues the Federal Government over DOMA
by: Lurleen
Wed Jul 08, 2009 at 15:00:00 PM EDT
http://pamshouseblend.com/diary/11932/massachusetts-sues-the-federal-government-over-doma (http://pamshouseblend.com/diary/11932/massachusetts-sues-the-federal-government-over-doma)
Massachusetts, the first state in the nation to legalize gay marriage, has become the first to challenge the constitutionality of a federal law that defines marriage as the union of a man and a woman, saying Congress intruded into a matter that should be left to individual states.
"In enacting DOMA [the Defense of Marriage Act], Congress overstepped its authority, undermined states' efforts to recognize marriages between same-sex couples, and codified an animus towards gay and lesbian people," the state said in a lawsuit filed today in US District Court in Massachusetts.
http://www.myfoxdc.com/dpp/news/politics/050509_dc_approves_gay_marriage_bill (http://www.myfoxdc.com/dpp/news/politics/050509_dc_approves_gay_marriage_bill)
Congress has 50 days to overturn any new law passed by DC's "City Council."
Guess what? Congress didn't move on the issue. By virtue of that, D.C. recognition of "outside" gay marriages are now leagally binding in D.C.
Mass. is smart to sue at this point in time.
In fact Congress might have gone as far as to have overturn DOMA in a "de facto" manner.
The political process is long and slow and very complicated with favors and image all so important.
http://www.boston.com/news/local/breaking_news/2009/07/mass_to_challen.html (http://www.boston.com/news/local/breaking_news/2009/07/mass_to_challen.html)
Quote
Wednesday, 3:58 PM
From the Metro staff at The Boston Globe
Mass. challenges federal Defense of Marriage Act
July 8, 2009 03:23 PM
By Martin Finucane, Globe Staff
Massachusetts, the first state in the nation to legalize gay marriage, has become the first to challenge the constitutionality of a federal law that defines marriage as the union of a man and a woman, saying Congress intruded into a matter that should be left to individual states.