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MASSACHUSETTS v. DEPT. OF HEALTH & HUMAN SERVS.

Civil Action No. 1:09-11156-JLT.

698 F.Supp.2d 234 (2010)

COMMONWEALTH OF MASSACHUSETTS, Plaintiff, v. UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES; Kathleen Sebelius, in her official capacity as the Secretary of the United States Department of Health and Human Services; United States Department of Veterans Affairs; Eric K. Shinseki, in his official capacity as the Secretary of the United States Department of Veterans Affairs; and the United States of America, Defendants.

United States District Court, D. Massachusetts.

July 8, 2010.

Attorney(s) appearing for the Case

Christopher K. Barry-Smith, Maura T. Healey, Massachusetts Attorney General's Office, Jonathan B. Miller, Office of the Attorney General, Jessica M. Lindemann, Office of Attorney General Martha Coakley, Boston, MA, for Plaintiff.

Christopher R. Hall, U.S. Department of Justice, Washington, DC, for Defendants.

MEMORANDUM

TAURO, District Judge.

I. Introduction

This action presents a challenge to the constitutionality of Section 3 of the Defense of Marriage Act1 as applied to Plaintiff, the Commonwealth of Massachusetts (the "Commonwealth").2 Specifically, the Commonwealth contends that DOMA violates the Tenth Amendment of the Constitution...

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