Massachusetts v. U.S. Dept. of Health and Human Services: Find out why the Court of Appeals held that DOMA violated equal protection principles.
By Laura Morgan, Family Lawyer Consultant
Massachusetts v. U.S. Dept. of Health and Human Services: The Court of Appeals held that provision of DOMA which denied federal benefits to same‑sex couples lawfully married in Massachusetts was not adequately supported by any permissible federal interest, and therefore violated equal protection principles.
Laura Morgan is a Family Law Consultant. Laura is available for consultation, brief writing and research on family law issues throughout the country. She can be reached through her Web site.
Reprint with permission.
A same-sex couple was denied the ability to divorce in their residing state of Tennessee by a judge citing state law. Roane County Circuit Judge Russel E. Simmons Jr. declined a request to divorce for two men who were married four years ago in Iowa, because Tennessee does not recognize same-sex marriage. Judge Simmons’ ruling upholds the voter-passed Tennessee marriage law that says marriage can only be between a man and a woman. Additionally, Tennessee state law considers out-of-state gay marriage to be “void and unenforceable.”