The need for a federal constitutional amendment defending traditional marriage became more apparent yesterday when Massachusetts became the first state to seek a judicial repeal of the Defense of Marriage Act.

In its suit against the U.S. Government filed in federal court in Boston, Massachusetts claims the Defense of Marriage Act (DOMA) denies “equal treatment under the law” to the 16,000 homosexual couples who have married in the state. The federal law, enacted in 1996, gives states the authority to refuse to recognize same-sex marriages performed in other states. Massachusetts legalized same-sex marriage in 2004, but homosexual couples married there cannot have their marriages recognized in most other states.

The argument on which the suit is based is spurious. There is no denial of civil rights to homosexuals under traditional marriage laws. Anyone – homosexual or heterosexual – is permitted to marry a person of the opposite sex. Anyone – homosexual or heterosexual – is permitted to have a spouse of the opposite sex receive federal marital benefits such as Medicaid. Traditional marriage laws and regulations are equally applied to all adults. Homosexuals are entitled to marry everywhere in America.

It is not possible for states with dramatically opposed definitions of marriage to amicably coexist. State laws govern millions of child custody decisions made every year. Nevertheless, President Obama has vowed to seek DOMA’s overturn.

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