Massachusetts attorney general’s office seeks reversal of US marriage act

May 27, 2010

As posted by Jonathan Saltzman on boston.com:

"A lawyer for the state attorney general’s office urged a judge yesterday to strike down the 1996 federal law that defines marriage as a union exclusively between a man and woman, marking the second time this month the judge has heard arguments over whether the statute is constitutional.

"Assistant Attorney General Maura T. Healey told US District Court Judge Joseph L. Tauro in Boston that the so-called Defense of Marriage Act “forces Massachusetts to engage in a kind of invidious discrimination’’ by depriving married same-sex couples of benefits received by heterosexual couples or risk losing federal aid.

"As an example, she said, the state could lose millions in funding if it allows a Vietnam War veteran and his husband to be buried in a veterans’ cemetery in Winchendon, as the Westminster couple wants. The Army veteran, Darrel Hopkins, 65, and his husband, Tom Casey Hopkins, 58, who were among the spectators in the packed courtroom, have received approval from the state Department of Veterans’ Services to be buried in the cemetery. But, Healey said, the federal government has 'told us clearly and explicitly’' that the Defense of Marriage Act forbids it.

"Christopher R. Hall, a lawyer for the Justice Department from Washington, repeated statements made by another attorney from his department before Tauro on May 6 that President Obama opposes the 1996 law, agrees it is discriminatory, and supports its repeal.

..."The Justice Department and lawyers from the office of Attorney General Martha Coakley, who was among the spectators, have each asked Tauro to rule in their favor without the case going to trial. As in the case of the arguments three weeks ago in the suit by 17 gays and lesbians, Tauro said he would take the matter under advisement and issue a ruling soon."