Litigation

Challenge to Gay Marriage Ban Heard in MA

By Peter Hardin

A federal court in Boston heard arguments over a lawsuit challenging the federal Defense of Marriage Act, which declares that marriage is between a man and a woman.

Arguing on behalf of 17 lesbians and gays who wed in Massachusetts, an attorney said the federal statute tramples unconstitutionally on a matter that previously was the province of the states, according to a Boston Globe article.

A lawyer representing the Obama administration noted its opposition to DOMA, as the act is called, but said it was obliged to defend the law’s constitutionality.

One of the plaintiffs was Dean T. Hara, who was married to retired U.S. Rep. Gerry Studds between 2004 and Studds’ death in 2006. ?We are not a country that was built on double standards,?? Hara said.

The lawsuit challenges part of the statute that bars marriage-related benefits to couples of the same sex. Plaintiffs maintain these couples are not accorded equal protection under the law, a New York Times article said.

The lawsuit is viewed as the first major challenge to DOMA, and a decision could be appealed to the U.S. Supreme Court.

Massachusetts has legalized gay marriage. To learn more about the controversy over the legal issues involved, click here for earlier Gavel Grab stories.

Full post as published by The Gavel on May 07, 2010 (boomark / email).