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Massachusetts v. United States Department of Health and Human Services
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Massachusetts v. United States Department of Health and Human Services : ウィキペディア英語版
Massachusetts v. United States Department of Health and Human Services

''Commonwealth of Massachusetts v. United States Department of Health and Human Services'' 682 F.3d 1 is a United States Court of Appeals for the First Circuit decision that affirmed the judgment of the District Court for the District of Massachusetts in a lawsuit challenging the constitutionality of section 3 of the Defense of Marriage Act (DOMA), the section that defines the terms "marriage" as "a legal union between one man and one woman as husband and wife" and "spouse" as "a person of the opposite sex who is a husband or a wife." Both courts found DOMA to be unconstitutional, though for different reasons. The trial court held that DOMA violates the Tenth Amendment and Spending Clause. In a companion case, ''Gill v. Office of Personnel Management'', the same judge held that DOMA violates the Equal Protection Clause. On May 31, 2012, the First Circuit held the act violates the Equal Protection Clause, while federalism concerns affect the equal protection analysis, DOMA does not violate the Spending Clause or Tenth Amendment.
The First Circuit, anticipating that the parties would seek a review of the decision, stayed its decision. Both the Department of Justice and Commonwealth of Massachusetts asked the U.S. Supreme Court to review the decision by filing petitions for a writ of certiorari. The Supreme Court decided a similar case, ''United States v. Windsor'', on June 26, 2013, and dismissed the petitions the following day.
==Trial proceedings==
On July 8, 2009, Massachusetts Attorney General Martha Coakley filed suit challenging the constitutionality of section 3 of DOMA in the United States District Court for the District of Massachusetts. It claimed that Congress "overstepped its authority, undermined states' efforts to recognize marriages between same-sex couples, and codified an animus towards gay and lesbian people."
Judge Joseph Tauro heard arguments on May 26, 2010. Massachusetts Assistant Attorney General Maura Healey described how a veteran of the U.S military sought burial for himself and his same-sex spouse in a veterans' cemetery, which DOMA's definition of marriage prohibits. Tauro asked Christopher Hall, who represented the U.S. Justice Department, if the federal government had an interest in "perpetuating heterosexuality in the graveyard." He also questioned the government's contention that DOMA was an attempt to preserve the 1996 status quo, noting that the government considers the status quo at the time the restriction of marriage to heterosexual couples while another way of describing the status quo in 1996 is that the federal government deferred to each state's definition of marriage and provided no definition of its own. In response to arguments that the federal government has consistently used state definitions of marriage, Hall cited the federal government's definition of marriage in immigration cases without relying on any state's definition.

抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)
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