On Wednesday, July 8, the Commonwealth of Massachusetts filed suit against the Federal Government. Massachusetts alleges the Defense of Marriage Act (DOMA) “exceeds the powers granted to Congress and violates the United States Constitution.”

On state sovereignty grounds, Massachusetts petitioned the court for an injunction prohibiting the enforcement of DOMA’s section 3 within the Commonwealth. The petition argues DOMA “creates two separate and unequal categories of married couples” and “commandeers state employees into implementing federal policy that contradicts state law.”

Essentially, Massachusetts argues, Health and Human Services funds and services are improperly distributed in the Commonwealth and in violation of Massachusetts law. It is a little crazy to say federal funds need to be distributed in accordance with state law before federal law, but in this case Massachusetts may have something.

As a rule of thumb, federal law trumps state law. The Constitution, however, states that any powers not delegated to the Federal Government remain with the states or the people. Historically certain clauses of the Constitution have been read quite liberally, for example the interstate commerce clause, and allowed for federal involvement in matters the Constitution did not foresee. Massachusetts argues DOMA is a historical anomaly and does not comport with past understandings of federal power and that the federal government has no legal jurisdiction to define marriage within Massachusetts borders.

Whether or not the judiciary agrees with Massachusetts remains to be seen.