Massachusetts Mounts 10th Amendment Case against DOMA

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Honey Badger Don't Give A Shit
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Great to see the state of Massachusetts giving a legal challenge to the ill-advised "Defense of Marriage Act" passed at the federal level.

Hat tip to Reason.com's Hit&Run http://www.reason.com/blog/show/134674.html

Some interesting links to related discussion from Reason writers within the coverage below

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Massachusetts Mounts 10th Amendment Case Against DOMA

Bill Flanigen | July 9, 2009, 10:27am
<!-- google_ad_section_start --> In a move sure to bring limited-government federalists everywhere into gleeful concert with The Gay, Massachusetts is suing the federal government, alleging that the Defense of Marriage Act (DOMA) violates the commonwealth's 10th Amendment prerogative to regulate marriage. The Boston Globe reports:
The lawsuit ... asserts that DOMA is unconstitutional because it interferes with the commonwealth’s "sovereign authority to define and regulate the marital status of its residents" and also alleges that DOMA exceeds Congress’s authority because Congress does not have a valid reason for requiring Massachusetts to treat married same-sex couples differently from all other married couples.
The Associated Press mentions that, back in March, a gay-rights advocacy group based in Boston also filed a lawsuit against DOMA, claiming that it discriminated against gays by denying them federal benefits available to heterosexual couples.


Thus Western Civilization's long, slow death-struggle continues apace.
Read Massachusetts' entire complaint here.

Reason has been all over this whole "gay marriage" thing for some time. Steve Chapman defended the federalist case for gay marriage, Cathy Young filed a dispatch from the gay-marriage culture war, and Jacob Sullum pointed out the pitfalls of fighting for gay marriage through the courts.
 

Rx. Senior
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(from the cited article) Congress does not have a valid reason for requiring Massachusetts to treat married same-sex couples differently from all other married couples
What is Massachusetts' reason for treating single people and married people so differently?
 
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Honey Badger Don't Give A Shit
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As noted in my quick Edit above, it was not "I" that wrote the cited commentary. I was merely sharing the article.
 

Rx. Senior
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I know that B-man, just a general question for the audience. More importantly, until Attorney General Coakley answers that question it is absolutely true that she cares nothing about fighting discrimination and everything about looking good in the press
 

Honey Badger Don't Give A Shit
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What is Massachusetts' reason for treating single people and married people so differently?

Okay..thanks for the reset of the question.

But I don't understand what you're seeking (or implying). Elaborate
 

Rx. Senior
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If any government currently treats people who are in man-woman marriages differently than those in same sex marriages, that means they absolutely are also being treated differently than people who are not in any marriage

If gay couples are being denied certain rights only granted to straight couples, obviously single people are also being denied those very same rights too
 

I'll be in the Bar..With my head on the Bar
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Yankees wanting states rights.....lol this will be a good day afterall.
I believe the law says any law not made federal is up to the states but once the law goes fed..no more states rights. You wanted it you got it.........
 

Conservatives, Patriots & Huskies return to glory
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