GLAD Files New Challenge To Federal Defense Of Marriage Act

Boston based legal group, Gay and Lesbian Advocates and Defenders, has filed another lawsuit challenging the 1996 federal Defense of Marriage Act or DOMA. WNPR's Lucy Nalpathanchil reports.

In July, GLAD and the state of Massachusetts won their case against the federal government which challenged DOMA as unconstitutional because the federal marriage act refuses to acknowledge same sex couples who marry legally in their states. The U.S. Dept. of Justice is appealing.

Now, GLAD has brought a new challenge against DOMA to highlight discrimination faced by same sex married couples in Connecticut, Vermont, and New Hampshire.

GLAD attorney Mary Bonauto says DOMA harms same sex couples because it violates the equal protection clause of the U.S. constitution.

"There is no reason for the federal government to take one group of married people only and treat them differently from every other married people in these states."

Five plaintiff couples and a widower have joined GLAD's suit to show how they're treated differently such as when filing taxes or trying to apply for federal health benefits.

Avon Connecticut residents, Brad Kleinerman and Flint Gehre are married with three children.

Gehre says DOMA impacts them because they pay higher income taxes than heterosexual married couples.

"We're a single income family and last year alone we had to pay an additional $1,600 in federal income tax. Like all parents we want to provide every opportunity for our children but because of DOMA we're forced to make decisions that others are not."

Because of DOMA, the couple cannot file jointly so they submit two separate tax returns and must dividing up who claims their three children as dependents.

GLAD says a resolution to this case may not come down until 2013 but the legal group says Congress has the power to repeal DOMA at any time.

For WNPR, I'm Lucy Nalpathanchil.