Same-Sex spouses file lawsuit in Massachusetts challenging the ban on federal benefits

Thinkprogress:

Today, Gay and Lesbian Advocates and Defenders (GLAD) filed the first concerted, multi-plaintiff legal challenge to Section 3 of the 1996 federal Defense of Marriage Act (DOMA). GLAD is representing a group of LGBT plaintiffs who have been harmed by the federal refusal to recognize their marital rights. Under Section 3, legally married same-sex couples are excluded from any federal law or program that benefits other married individuals.

The consequence of Section 3 is that gays and lesbians have been denied spousal protections in Social Security, federal income tax, federal employees’ and retirees’ benefits, and in the issuance of passports. In fact, there are 1,138 federal laws that confer rights and responsibilities based on marital status. In Gill et al. v. Office of Personnel Management — filed in federal District Court in Boston — the plaintiffs are arguing that Section 3 is unconstitutional on two grounds. From GLAD’s press release:

GLAD argues that DOMA Section 3 violates the federal constitutional guarantee of equal protection as applied to federal income tax, Social Security, federal employees and retirees, and in the issuance of pasasports. GLAD also contends that DOMA Section 3 is an unprecedented intrusion by the federal government into marriage law, always considered the province of the states.