File:Doma-decision-press-conference 4786464141 o.jpg

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English: DOMA Decision Press Conference 07-08-2010

On Thursday, July 8th, 2010, a federal judge ruled in favor of Massachusetts and struck down the Federal Defense of Marriage Act (DOMA). Exactly one year ago today, Attorney General Martha Coakley filed a lawsuit in United States District Court (D. Mass.) challenging Section 3 of DOMA as unconstitutional. The law, which defines marriage as a union between one man and one woman, unfairly excluded Massachusetts married same-sex couples and their families from critically important rights and protections and interfered with the state’s authority to regulate marriage.

The complaint alleged that DOMA, which affects more than 1,100 federal statutory provisions, violates the United States Constitution by interfering with the Commonwealth’s sovereign authority to define and regulate the marital status of its residents. The complaint also alleged that DOMA exceeds Congress’s authority under the Spending Clause because Congress does not have a valid reason for requiring Massachusetts to treat married same-sex couples differently from all other married couples.

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DOMA Decision Press Conference On Thursday, July 8th, 2010, a federal judge ruled in favor of Massachusetts and struck down the Federal Defense of Marriage Act (DOMA). Exactly one year ago today, Attorney General Martha Coakley filed a lawsuit in United States District Court (D. Mass.) challenging Section 3 of DOMA as unconstitutional. The law, which defines marriage as a union between one man and one woman, unfairly excluded Massachusetts married same-sex couples and their families from critically important rights and protections and interfered with the state’s authority to regulate marriage.


The complaint alleged that DOMA, which affects more than 1,100 federal statutory provisions, violates the United States Constitution by interfering with the Commonwealth’s sovereign authority to define and regulate the marital status of its residents. The complaint also alleged that DOMA exceeds Congress’s authority under the Spending Clause because Congress does not have a valid reason for requiring Massachusetts to treat married same-sex couples differently from all other married couples.
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Source https://www.flickr.com/photos/massago/albums/72157624478303630
Author Office of the Attorney General of Massachusetts
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This work is in the public domain in the United States because it was a Commonwealth of Massachusetts public record disseminated by a Commonwealth agency or the Massachusetts Archives. Massachusetts' Secretary of the Commonwealth has stated that such works can be copied and used for any purpose. This copyright does not extend to those records created, received, or under the custody of municipalities by M. G. L. c. 66, § 7, unless otherwise stated, nor does this apply to copy-written materials for commercial purposes received by employees of the Commonwealth.
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A Guide to the Massachusetts Public Records Law, Published by William Francis Galvin, Secretary of the Commonwealth Division of Public Records, (Updated January 2017) can be found at https://www.mass.gov/files/2017-06/Public%20Records%20Law.pdf and page 7 says:

"With the exception of situations in which a records custodian is withholding records pursuant to Exemption (n), inquiries into a requester's status or motivation for seeking information are expressly prohibited. [1] Consequently, all requests for public records, even if made for a commercial purpose or to assist the requester in a lawsuit against the holder of the records, must be honored in accordance with the Public Records Law."

  1. ↑ See G. L. c. 66, § 10(a) (public records are to be provided to “any person”); see also 950 CMR 32.05(5) (custodian prohibited from inquiring into a requester’s status or motivation); but see G. L. c. 4, § 7(26)(n) (a records custodian may ask the requester to voluntarily provide additional information in order to reach a “reasonable judgment” regarding disclosure of responsive records).
Definition of "public record"

Public records are defined in A Guide to the Massachusetts Public Records Law, Published by William Francis Galvin, Secretary of the Commonwealth Division of Public Records, (Updated January 2017) at https://www.mass.gov/files/2017-06/Public%20Records%20Law.pdf on page 40, under M. G. L. c. 4, § 7(26) as:

all books, papers, maps, photographs, recorded tapes, financial statements, statistical tabulations, or other documentary materials or data, regardless of physical form or characteristics, made or received by any officer or employee of any agency, executive office, department, board, commission, bureau, division or authority of the commonwealth, or of any political subdivision thereof, or of any authority established by the general court to serve a public purpose, or any person, corporation, association, partnership or other legal entity which receives or expends public funds for the payment or administration of pensions for any current or former employees of the commonwealth or any political subdivision as defined in section 1 of chapter 32, unless such materials or data fall within the following exemptions found on page 40

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Warning Concerned wikipedia editors have noticed that the Commonwealth may make unfounded allegations that copyright protections exist for state regulations based on technical codes developed and copyrighted by private organizations. Where such works/allegations are concerned, {{PD-EdictGov}} and {{PD-US-Codes-and-Standards-as-Statutory-Law}} may be appropriate.
Warning This template is based on official statements by the Secretary of the Commonwealth, which are not definitive in the way a statute or a court ruling is. This formal statement only speaks to public records held by the Massachusetts Archives, so the use of this template for public records of the Commonwealth sourced from individuals or groups not affiliated therewith is not encouraged.

This is consistent with the statement at http://www.sec.state.ma.us/ARC/arcres/residx.htm:

"Those records created by Massachusetts government agencies and institutions held by the Massachusetts Archives are not copyrighted and are available for public use. Copyright for materials submitted to state agencies may be held by the person or organization that created the document."

Note: Works that are considered "public records" but were not created by a state or municipal government agency may be copyrighted by their author; the Supremacy Clause of the United States Constitution prevents state law from overriding the author's right to copyright protection that is granted by federal law. For example, a state agency may post images online of the final appearance of a building under construction; while the images may be "public records", their creator (eg. architecture/construction firm) retains copyright rights to the image unless the contract with the agency says otherwise. See: Government-in-the-Sunshine Manual: To what extent does federal law preempt state law regarding public inspection of records?.
Disclaimer: The information provided, especially the list of agencies permitted to claim copyright, may not be complete. Wikimedia Commons makes no guarantee of the adequacy or validity of this information in this template (see disclaimer).

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current09:21, 7 April 2024Thumbnail for version as of 09:21, 7 April 20242,848 × 4,288 (4.58 MB)SecretName101 (talk | contribs)Uploaded a work by Office of the Attorney General of Massachusetts from https://www.flickr.com/photos/massago/albums/72157624478303630 with UploadWizard

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