Attorney General Martha Coakley filed a lawsuit in United States District Court (D. Mass.) challenging the constitutionality of Section 3 of the federal Defense of Marriage Act (DOMA). The law, which defines marriage as a union between one man and one woman, unfairly excludes more than 16000 Massachusetts married same-sex couples and their families from critically important rights and protections based on marital status. The complaint alleges that DOMA, which affects more than 1100 federal statutory provisions, violates the United States Constitution by interfering with the Commonwealths sovereign authority to define and regulate the marital status of its residents. The complaint also alleges that DOMA exceeds Congresss authority under the Spending Clause because Congress does not have a valid reason for requiring Massachusetts to treat married same-sex couples differently from all other married couples.
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