Massachusetts Sues U.S. Over DOMA

[AdamSmith]

About fucking time. Doubtless this is just the opening shot in what will have to be a protracted siege. But at last the federal courts are being asked to address the constitutionality of DOMA square on.

Without wishing ill on any individual, one can fervently hope for a shift in the makeup of the Supremes by the time this reaches them, should it go that far.

One watches with bated breath to see what stance the current Administration will take.

State Sues U.S. Over Marriage Law

Massachusetts sued the U.S. government Wednesday over the federal Defense of Marriage Act, which defines marriage as a union between a man and a woman. Massachusetts Attorney General Martha Coakley said the law interferes with the right of Massachusetts to define and regulate marriage as it sees fit.

The 1996 law denies federal recognition of same-sex marriage and gives states the right to refuse to recognize same-sex marriages performed in other states. Massachusetts was the first state to legalize same-sex marriage.

The lawsuit, filed in federal court in Boston, argues the act "constitutes an overreaching and discriminatory federal law."

Before the law was passed, Coakley said, the federal government recognized that defining marital status was the "exclusive prerogative of the states." The U.S. law's definition of marriage denies same-sex couples access to benefits given to heterosexual married couples, including federal income tax credits, retirement benefits, health insurance coverage and Social Security payments, the lawsuit says.

The Justice Department had not seen the lawsuit and cannot respond until it has a chance to review it, spokesman Charles Miller said.

-- Associated Press

http://www.washingtonpost.com/wp-dyn/conte...9070804170.html

[MsGuy]

Without wishing ill on any individual, one can fervently hope for a shift in the makeup of the Supremes by the time this reaches them

Those inclined to prayer might want to gently remind their Deity that Justice Scalia has already had his full three score and ten and is currently hogging oxygen that could be put to better use. No wishing him ill, just drawing attention to a possible oversight.

[AdamSmith]

drawing attention to a possible oversight.

Just so. One could likewise observe that Justice Thomas has come to look like a walking aneurysm.

Not, again, wishing any ill!