Massachusetts seeks reversal of Defense of Marriage Act

Massachusetts could lose millions in funding – due to the Defense of Marriage Act – if it allows Army veteran Darrel Hopkins [65] and his husband Tom Casey Hopkins [58] to be buried in a veterans’ cemetery in Winchendon. The couple has approval from the Massachusetts state Department of Veterans’ Services to be buried in the cemetery.

The Boston Globe reports:

Gay & Lesbian Advocates & Defenders, a Boston nonprofit, is representing the plaintiffs in the suit argued earlier this month. GLAD helped win the lawsuit that resulted in the landmark 2003 decision by the Supreme Judicial Court legalizing gay marriage in Massachusetts.

Andrew Koppelman, a Northwestern University law professor and an authority on same-sex marriage laws, said the plaintiffs in both suits before Tauro have made strong arguments that could prompt the judge to strike down the law.

“Given how similar the theories are, it would be very strange if the state won and GLAD lost, or vice versa, because they’re both relying on the same equal-protection claim,’’ he said

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