Massachusetts Sues United States for Marriage Equality.
It’s easy to see why so much attention is being given to the lawsuit filed by the Massachusetts Attorney General, Martha Coakley, is getting so much attention. Massachusetts was the first of the now six states to provide marriage equality to its citizens. It now seems Massachusetts will lead the way as the State challenges the unconstitutional Defense of Marriage Act (“DOMA”).
But before the wahoos in Texas and other jurisdictions get their Bibles all up in people’s faces, the challenge presented by Massachusetts doesn’t challenge Section 2 of DOMA which allows states not to recognize unions performed in other jurisdictions, but instead challenges Section 3 which defines marriage on the federal level as being between one man and one woman.
One of the many, many problems with DOMA is that it contradicts itself. On one hand, it provides that states define marriage for themselves; however, it then defines marriage under federal law which isn’t always the same definition allocated by states to such contractual relationships – thus, although it attempts to make it appear that the states have the power, it strips power from the state. Essentially, the federal lawsuit attempts to make the United States recognize that, if the states have the power to define marriage, the United States must recognize the state’s definition.
Think of it this way: If a man and woman were to get married anywhere in the United States, they receive a federal entitlement for Social Security benefits, tax benefits and so forth, even though the federal government is not the agency which issued, approved, filed or otherwise regulated the marriage. However, if you are in a state where same-sex couple can marry, the federal government does not recognize that marriage. Same-sex couples in those jurisdictions can therefore file state income tax records as “married,” but the United States taxes are filed as “single.” This creates a confusing and ludicrous double standard.
As the federal lawsuits keep piling up in an effort to expose discrimination in legal matters, consider this: the economy is still in a recession. The federal government, in its zeal to protect the erroneous Christian philosophy that marriage is a vow before G0d between one man and one woman, is wasting hundreds of thousands, if not millions of dollars, to make it appear as though the discriminatory policies are legal – similar to the other horrifying human rights violations like detention without representation, domestic wire tapping and torture.
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