Via Beyond the Chron: Federal Court to Hear DOMA Challenge

As Californians await the outcome of the Prop 8 trial, a federal court in Boston will hear a lawsuit tomorrow that challenges the Defense of Marriage Act (DOMA.) Brought by lawyers at GLAD (Gay & Lesbian Advocates & Defenders), the equal protection claim represents same-sex couples who have married in Massachusetts – but are denied federal benefits, such as Social Security survivor benefits. Even as states find that gays have a fundamental right to marry, we still do not have real marriage equality if DOMA is on the books – giving this case a more historic significance. And while the Justice Department has toned down its rhetoric defending the law (they no longer equate gay marriage with incest and pedophilia), the Obama Administration still defends Part 3 of DOMA – which says that federal benefits cannot be extended to same-sex couples. Using circular logic, their legal brief argues that a constitutional “right to marry” does not include a “right to marriage benefits” – proving that LGBT activists still have a long way to go. [more]->