Mass. AG argues against federal gay marriage ban, says law penalizes married gay couples

Mass. AG argues against federal gay marriage ban

BOSTON — The Massachusetts Attorney General has asked a judge to strike down a federal ban on gay marriage because it interferes with state’s rights to define marriage.

Martha Coakley’s office challenged the constitutionality of the Defense of Marriage Act during a federal court hearing in Boston on Wednesday.

Assistant Attorney General Maura Healey argued that states historically have been given the right to define marriage. She says the law could result in the denial of Medicaid and other benefits to married couples in Massachusetts, where same-sex unions have been legal since 2004.

U.S. Justice Department lawyer Christopher Hall argued that the federal government has the right to set eligibility for federal benefits.

U.S. District Court Judge Joseph Tauro did not indicate when he would rule on the challenge.