Massachusetts, which legalized same-sex marriages in 2004, claims that the federal definition violates its authority under the Tenth Amendment of the Constitution to define marriage as it sees fit.

Click here for the full complaint.

Attorney General Martha Coakley’s suit argues that DOMA violates the Tenth Amendment to the United States Constitution, which reserves all powers to the states except those expressly given to the federal government, and it points out that until DOMA’s passage in 1996 states had unchallenged authority to regulate marriage.

It claims DOMA violates the Constitution’s principles of federalism, and it also violates constitutional provisions that prevent the federal government from withholding money to states as a means of forcing them to violate the constitutional rights of their citizens.

The suit asks the court to find DOMA unconstitutional as applied to Massachusetts and to grant an injunction preventing the enforcement of DOMA against Massachusetts.

The suit alleges that not only does the law violate the 10th Amendment to the Constitution, which reserves to the states all powers except those granted to the federal government. It also alleges that the law violates Article 1, Section 8 of the Constitution, which limits the power of Congress to attach conditions to the receipt of federal funds.

The suit states that DOMA, termed “overreaching and discriminatory,” interferes with the state’s “sovereign authority to define and regulate marriage.”

“We view all married persons equally,” Coakley said at a press conference today.

The judicial branch sees Congress’ ability to attach strings to funds as quite broad, and if the definition of marriage is linked to that enumerated power and is not seen as commandeering the state legislative or executive branches, it would likely not be seen by them as a violation Tenth Amendment.

“The purpose of this Resolution is to clearly affirm to Congress and the President our  State’s sovereignty under the Tenth Amendment to the Constitution and to demand that the federal government halt the practice of assuming powers and imposing mandates upon the states for purposes which are not enumerated by the Constitution of the United States of America” said Representative Perry from the State House.

As cited by the Tenth Amendment Center, “James Madison, during the Constitutional ratification process, drafted the “Virginia Plan” to give Congress general legislative authority and to empower the national judiciary to hear any case that might cause friction among the states, to give the congress a veto over state laws, to empower the national government to use the military against the states, and to eliminate the states’ accustomed role in selecting members of Congress.  Each one of these proposals was soundly defeated.  In fact, Madison made many more attempts to authorize a national veto over state laws, and these were repeatedly defeated as well…

The Tenth Amendment defines the total scope of federal power as being that which has been delegated by the people to the federal government, and also that which is absolutely necessary to advancing those powers specifically enumerated in the Constitution of the United States.  The rest is to be handled by the state governments, or locally, by the people themselves.

The Constitution does not include a congressional power to override state laws.  It does not give the judicial branch unlimited jurisdiction over all matters.  It does not provide Congress with the power to legislate over everything. This is verified by the simple fact that attempts to make these principles part of the Constitution were soundly rejected by its signers.”

The language of the Resolution is as follows:

AFFRIMING THE CONSTITUIONAL PROTECTIONS OF THE 10TH AMENDMENT

WHEREAS,  The Tenth Amendment to the Constitution of the United States specifically provides that, “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people”; and

WHEREAS,  The Tenth Amendment defines the total scope of federal power as being those powers specifically granted to it by the Constitution of the United States and the principle of Federalism is the constitutional division of powers between the national and state governments and is widely regarded as one of America’s most valuable contributions to political science; and

WHEREAS,  The scope of power defined by the Tenth Amendment means that the federal government was created by the states specifically to be limited in its powers relative to those of the various states; and

WHEREAS,  Many federal mandates are directly in violation of the Tenth Amendment to the Constitution of the United States, and infringe upon Massachusetts’ reserve powers and the people’s reserved powers; and

WHEREAS,  A number of proposals from previous administrations and some now being considered by the present administration and from Congress do infringe on the States’ reserve powers and the people’s reserved powers, and may further violate the Constitution of the United States; Therefore be it

RESOLVED, That the Commonwealth of Massachusetts hereby claims sovereignty under the Tenth Amendment to the Constitution of the United States over all powers not otherwise enumerated and granted to the federal government by the Constitution of the United States and this Resolution shall serve as a Notice and Demand to the federal government to maintain the balance of powers where the Constitution of the United States; and it be further

RESOLVED,  That the Clerk of the House shall immediately transmit copies of this Resolution to the Honorable Barack Obama, President of the United States, the President of the United States Senate, the Speaker of the House of Representatives, the President of the Senate and the Speaker of the House of Representatives of each state’s legislature of the United States of America, and each member of Congress from the Commonwealth of Massachusetts.

“The Tenth Amendment was adopted after the Constitutional ratification process.  A primary purpose was to enshrine the fact that the individual states are unique and retain their own sovereignty.  The Constitution does not delegate to the federal government an endless supply of power.  We must always remember that the purpose of the Bill of Rights is to protect freedoms of individuals and the states, not expand the power of the federal government” added Representative Perry.

The Resolution was filed with the House of Representatives Clerk and was cosponsored by Representatives Jones (R-North Reading), Vallee (D-Franklin), Humason (R-Westfield), Webster (R-Pembroke), Evangelidis (R-Holden), Poirier (R- North Attleboro), deMacedo (R-Plymouth), Ross (R-Wrentham), Gifford (R-Wareham), Smola (Three Rivers) and Polito (Shrewsbury).