MA: AG Asks Federal Judge to Find DOMA Unconstitutional

A federal law that defines marriage as a union between a man and a woman forces Massachusetts, the first state in the country to legalize gay marriage, to discriminate against same-sex couples, state Attorney General Martha Coakley argues in court papers. Coakley's office filed a lawsuit in July challenging the federal Defense of Marriage Act.

In court papers filed in US District Court on Thursday, Coakley asked a judge to deem the law unconstitutional without holding a trial on the lawsuit.

Coakley argues that regulating marital status has traditionally been left to the states. She said the federal law treats married heterosexual couples and married same-sex couples differently; for instance, when determining eligibility for Medicaid benefits and when determining whether the spouse of a veteran can be buried in a Massachusetts veterans cemetery. The law forces Massachusetts "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," Coakley said in the court filing.

Full Story from Boston.com
Click here for gay marriage resources in Massachusetts.
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