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The Gays Fought The Law, Too Early to Tell Who Won

By AnonymousMarch 3rd, 2009, 4:36 pmComments (1)

Unfortunately, legal gay marriage doesn't always come along with the same rights that straight marriage does. In Massachusetts, eight same-sex couples and three gay widowers are trying to change that by suing the federal government.

According to advocates of gay marriage, even same-sex couples married legally are denied more than 1,000 federal programs and legal protections. This leaves more than 10,000 couples in Massachusetts alone without certain benefits including, from health insurance to retirement and death benefits for surviving spouses.

The suit, filed today in U.S. District Court for Massachusetts, was brought by the same lawyers who led the campaign to legalize gay marriage in the state in 2003.

"As lawyers we look at this as one step at a time," said Gary Buseck, legal director of Gay & Lesbian Advocates & Defenders. "This is really about how the federal government treats Massachusetts marriages."

[Reuters: Married gay couples sue U.S. seeking federal rights]

Related:

This Week in Gayness: Being Gay Is A Choice, Say Repuglicans

Gay Marriage is Good for the Economy, Stupid

Breaking: Connecticut Overturns Gay Marriage Ban

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Comment ( 1 )

Hmmm. I worry that this suit is premature. Kennedy is the swing vote on the Supreme Court, and I don't see him going for this if/when it finally gets there.

Note that this is a pure Equal Protection argument because only federal actions are being challenged. The stronger case is for states' failures to recognize Massachusetts and (for now, at least) California same-sex marriages because that more clearly runs afoul of the Full Faith and Credit Clause.

I hope they succeed, but I worry about what might happen if they fail.

profrobert commented on Mar 04 09 at 1:24 am

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