Mass. DOMA Cases Not Included In Supreme Court Decision

Gay rights advocates in Massachusetts are welcoming a U.S. Supreme Court decision to consider the constitutionality of a law that keeps same-sex married couples in this state from receiving federal benefits.

The high court has agreed to hear a case from New York challenging the Defense of Marriage Act (DOMA) — which defines marriage as between a man and a woman — but not two cases from Massachusetts.

Mary Bonauto, of Gay & Lesbian Advocates & Defenders, argued one of those cases in Boston.

"I think in all likelihood, what is going to happen is on Monday, we will find out that the other DOMA cases have been held by the court, meaning the court will freeze them as it proceeds with these other cases," she said.

Bonauto says the court may have decided not to hear the Massachusetts cases because Justice Elena Kagan could have been involved in them as solicitor general, and so would have to recuse herself.