Once more, Obama defends DOMA?

In response to a lawsuit by Massachusetts Attorney GeneralMartha M. Coakley, the Justice Department argued yesterday in court papers that states allowing gay marriage can’t force the federal government to provide benefits to those couples.

The state of Massachusetts has challenged DOMA, saying it denies federal marriage benefits to same-sex couples that are nonetheless legally married under Massachusetts law. Around 16,000 same-sex couples married in Massachusetts are being unfairly denied federal benefits given to heterosexual couples, according to Coakley’s suit. Those benefits include federal income tax credits, employment benefits, retirement benefits, health insurance coverage and Social Security payments

Massachusetts officials also say the federal law requires them to disregard the legally valid same-sex marriages in their state in relation to carrying out federal Medicaid and Veterans’ benefits programs. Such a requirement, they say, violates state sovereignty and is unconstitutional.

“This administration does not support DOMA as a matter of policy, believes that it is discriminatory, and supports its repeal,” says yesterdays Justice Department brief.

Nevertheless, Obama’s DOJ says, it has “long followed the practice of defending federal statutes as long as reasonable arguments can be made in support of their constitutionality, even if the Department disagrees with a particular statute, as it does here.”