Gay couples blast federal Defense of Marriage Act

Gay married couples suing the government over a federal law that doesn’t recognize same-sex unions say there is “no legitimate or plausible” reason for having a federal definition of marriage that excludes gay couples.

The lawsuit was brought by seven gay couples and three widowers, all of whom were married in Massachusetts after it became the first state in the country to legalize gay marriage in 2004.

In court documents filed Tuesday, the couples say the federal Defense of Marriage Act (DOMA) violates the equal protection clause of the U.S. Constitution because it denies them access to federal benefits given to other married couples, including pensions, health insurance and the ability to file joint tax returns. They argue that the law “eviscerates” the historic power of the states to establish criteria for marriage.

“DOMA marks a stark, and unique, departure from the respect and recognition the federal government has long afforded to State marital status determinations,” lawyers for Gay & Lesbian Advocates & Defenders argue in a written response to the U.S. Department of Justice motion to dismiss the lawsuit.

In a court filing in September, Justice officials made it clear that the Obama administration thinks the law is discriminatory and should be repealed. But the department said it has an obligation to defend federal laws when they are challenged in court.

The law, enacted in 1996, was passed by Congress at a time when it appeared Hawaii would become the first state to legalize same-sex marriage. Opponents worried that other states would be forced to recognize such marriages.