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3 March 2009 Tuesday 10:03 AM EST

SECTION: USA

LENGTH: 518 words


TITLE: U.S. sued for benefits for same-sex marriage

A legal advocacy group sued the federal government Tuesday, seeking benefits for gays and lesbians 15 Massachusetts residents who, after Wednesday legalized gay marriage.

Gay & Lesbian Advocates & Defenders - the same group of Boston, who argued in 2003 for same-sex rights to marriage in Massachusetts - the prosecution filed Tuesday in District Court of the United States in Boston, behalf of six couples and three men whose husbands have died.

The prosecution contends the federal Marriage Act Defense denied the protections and benefits that heterosexual couples receive, including health insurance for federal employees the option of filing as "married filing jointly" on federal tax and Social Security spouse protection.

Two other couples plan complaint after receiving a rejection of their plans to amend tax returns from the Internal Revenue Service, GLAD said.

President Clinton signed the Defense of Marriage Act into law in 1996. It effectively bars the federal government to recognize same-sex unions by defining marriage as a 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. "

GLAD suit concerns only Article 3 of the Act, a party that prevents the federal government to provide social security and other protections for same-sex couples. GLAD 1138 indicates that there are federal laws in which marital status is a factor.

Only Massachusetts and Connecticut allow same-sex marriage. Vermont, New Jersey and New Hampshire allow civil unions.

One of the complainants in pursuing Dean Hara, who was married to former U.S. Rep. Gerry E. Studd, the first openly gay member of Congress. The two married in 2004, a week after Massachusetts began issuing marriage licenses to same-sex couples. Studd, who had retired from politics, died in October 2006.

"Gerry is a public servant for 27 years, worked hard for our country and paid into the system as much as anyone else," Hara, 51, said, according to the GLAD website.

"But after his death, I was treated differently from other survivors. All federal employees on behalf of their surviving spouses who have basic protections, but the federal government denies me this protection because of DOMA.

Other applicants include state trooper Sgt. Mary Ritchie and his wife, Kathy Bush. They said not to be able to file federal taxes jointly denied deductions granted to heterosexual married couples.

"We work hard, pay their taxes, volunteers and do our part for our community. But the federal government tells us that we are less a family than other families in our neighborhood - families Mary works to protect, "said Bush, according to the GLAD website.

Other persons named in the pursuit include a postal worker who was not allowed to add his spouse to his health plan, a widower who has not been able to collect their spouse payments and social security an administration of social security for retirees who are denied health insurance coverage for his spouse.

The United States of America and several federal agencies are named as defendants.

LOAD-DATE: March 5 2009

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