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.

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