Mass Gays Want Federal Benefits

Married gay couples in Massachusetts are seeking the federal benefits that regular married couples enjoy.

Mary Ritchie, a Massachusetts State Police trooper, has been married for almost five years and has two children. But when she files her federal income tax return, she’s not allowed to check the “married filing jointly” box.

That’s because Ritchie and her spouse, Kathleen Bush, are a gay couple, and the federal Defense of Marriage Act makes them ineligible to file joint tax returns.

Now Ritchie, Bush and more than a dozen others are suing the federal government, claiming the act discriminates against gay couples and is unconstitutional because it denies them access to federal benefits that other married couples receive, such as pensions and health insurance. Plaintiffs also include Dean Hara, the widower of former U.S. Rep. Gerry Studds, the first openly gay member of the House of Representatives.

In Ritchie’s case, she and her spouse say they have paid nearly $15,000 more in taxes than they would have if they had been able to file joint returns.

“It saddens us because we love our country,” Ritchie said. “We are taxpayers. We live just like anyone else in our community. We do everything just like every other family, like every other married couple, and we are treated like less than that.”

Well, to be fair, you don’t do everything just like every other family, or every other married couple.

The lawsuit was being filed Tuesday in federal court in Boston by Gay & Lesbian Advocates & Defenders, the anti-discrimination group that brought a successful legal challenge leading to Massachusetts becoming the first state in the nation to legalize gay marriage in 2004.
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The Defense of Marriage Act, or DOMA, was enacted by Congress in 1996 when it appeared Hawaii would soon legalize same-sex marriage and opponents worried that other states would be forced to recognize such marriages. The new lawsuit challenges only the portion of the law that prevents the federal government from affording Social Security and other benefits to same-sex couples.
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All the plaintiffs are from Massachusetts and have marriages that are recognized by the state. They include a U.S. Postal Service employee who wasn’t allowed to add her spouse to her health insurance plan; a Social Security Administration retiree who was denied health insurance for his spouse; three widowers who were denied death benefits for funeral expenses; and a man who has been denied a passport bearing his married name.

In response to the lawsuit, Kris Mineau, President of the Massachusetts Family Institute released the following statement:

DOMA passed the Congress by overwhelming, bi-partisan majorities—342-67 in the House and 85-14 in the Senate—and was signed into law by President Bill Clinton.

DOMA is not a conservative or liberal law, it is an American law signed to protect children and families that has been upheld by previous federal court rulings.

Americans overwhelmingly believe marriage to be the union of one man and one woman. Forty-five states have laws supporting traditional marriage and thirty out of thirty states have affirmed marriage as one man and one woman in their state constitutions.

Same-sex marriage activists simply cannot win a public vote so they force their will upon the citizenry through select, activist judges.

The court should reject this thinly-veiled attempt to impose same-sex marriage on American citizens who have overwhelmingly voted otherwise.