A handful of same-sex couples file lawsuit attacking the federal Defense of Marriage Act passed overwhelmingly by both Democrats and Republicans.
The homosexual activist group Gay and Lesbian Advocates and Defenders (GLAD) brought the lawsuit on behalf of several individuals involved in homosexual behavior. GLAD is seeking to have a judge redefine marriage for the entire country, according to attorneys with the Alliance Defense Fund. The lawsuit asks a federal judge to declare portions of the federal Defense of Marriage Act (DOMA), which defines marriage as the union of one man and one woman, unconstitutional.
The lawsuit claims there is “federal discrimination against gay and lesbian individuals married to someone of the same sex, and the harm that discrimination has caused each plaintiff.”
Among the plaintiffs are Nancy Gill, Martin Koski and Dean Hara. Their case for special rights is as follows:
Plaintiff Nancy Gill, a 21-year employee of the United States Post Office, already receives “Self and Family” health insurance coverage for herself and the two children she has with her spouse, plaintiff Marcelle Letourneau, through her job at the Post Office. Yet, unlike postal workers married to spouses of the opposite sex, she is unable to add her spouse, Marcelle, to that plan or to the vision benefit plan, nor can she use her flexible spending account for Marcelle’s medical expenses.
Plaintiff Martin Koski, a retiree from the Social Security Administration, has been denied health insurance coverage for his spouse, plaintiff James Fitzgerald, although retired employees who are married to someone of a different sex may add their spouses to such coverage…
Plaintiff Dean Hara is the surviving spouse of Gerry Studds, a retired Member of the United States Congress. Dean has been denied both health insurance and the survivor annuity normally available to surviving spouses…
In each instance, DOMA, 1 U.S.C. § 7, has barred the plaintiffs’ access to benefits routinely granted to others in similar circumstances.
The Complaint , Gill v. Office of Personnel Management filed with the U.S. District Court for the District of Massachusetts contains 92 pages of so-called injustices and discrimination of the DOMA act against same-sex couples.
“Public policy should be decided by the public, not by one judge and a very small number of radical activists,” said Brian Raum, Alliance Defense Fund Senior Legal Counsel. “America continues to overwhelmingly reaffirm that marriage is one man and one woman. Does the democratic process mean anything anymore?”
- 45 states have laws defining marriage as the union of a man and a woman.
- All 30 states that have sought to affirm marriage as one man and one woman in their state constitutions have done so.
- DOMA passed in 1996 by an overwhelming majority of 342–67 in the House and 85–14 in the Senate and was then signed by President Bill Clinton.
“None of these facts appear to matter to the people who have filed this lawsuit,” Raum explained. “They do not care about the negative social impact on children if federal judges redefine marriage. Courts should never impose a system which guarantees that more kids will be brought up in homes without a married mom and dad. How can we justify hurting millions of children for the possible emotional benefit of a very small number of adults?”










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