Why Gays are Challenging DOMA

Gay couples are standing up for their right to be recognized as a couple on their federal tax returns. Currently, the Defense of Marriage Act (DOMA) recognizes only heterosexual couples as married.

Law Suit Filed

Gay & Lesbian Advocates & Defenders (GLAD) filed this lawsuit Tuesday in Boston’s federal court. You may remember this same organization from its successful suit against the Massachusetts law preventing gay marriage. In 2004, their efforts resulted in the first state to legalize gay marriage.

Problems with the Current Law

Gay advocates argue that the act violates their basic civil rights by discriminating against gay couples. They contend that the law is unconstitutional in denying them the same tax benefits that heterosexual married couples receive. Not only does the act prevent gay couples from filing joint returns, but it also denies them the right to spousal pension, social security and health insurance benefits. More than 1,000 federal programs provide benefits to married couples that gay couples cannot participate in.

Rights Denied

The plaintiffs in the suit include various gay couples with differing complaints. Some were prevented from adding their spouses to their health insurance plans. There are widows denied death benefits for funeral expenses. One man complains he was not allowed to get a passport showing his married name. Others complain about being refused tax credits or pension benefits after a spouse’s death.

State That Recognize Gay Marriage

Massachusetts and Connecticut are the only states that currently allow gay marriage. Civil unions are recognized in Vermont, New Jersey and New Hampshire. Although California allowed gay marriages for a short time, the rights were overturned in November 2008 a referendum vote changed California law to ban gay marriage.  

Marriage has historically been regulated by the states, but federal benefits have always recognized marriages from all states. That is, until now. It will be difficult for the federal government to defend itself from this lawsuit, when it recognizes all marriages, except those that are homosexual.