Challenge to the Defense of Marriage Act Begins in Massachusetts

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A challenge to the US Defense of Marriage Act began in a federal courtroom in Massachusetts on Thurday. The outcome of the case will decide if gay couples that are currently legally married under state law are entitled to the same benefits heterosexual couples currently receive.

The thrust of the argument is simple: that the law is unconstitutional and denies equal protection under the law.

President Obama has said he would like to see DOMA repealed.

  

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“The government does not presently support DOMA and would like to see it repealed, But we do argue for its constitutionality,” said W. Scott Simpson, Justice Department attorney.

Simpson filed a motion to dismiss the case, stating the US government has the right and responsibility to apply federal law as it sees fit, regardless of what states may do with their own laws.