Feds v. Massachusetts and Other Gays

Here's an interesting dilemma:

A man who married his partner of 23 years after gay marriage was legalized in Massachusetts is having trouble getting a new passport.

Donald Henneberger, formerly Donald Smith, recently received a letter from the National Passport Center in Portsmouth, New Hampshire, denying his request for a name change on his passport. The center said it would not recognize a marriage license for a same-sex couple as proof of a name change.

The center addressed the letter to "Mr. Henneberger."

Henneberger married his partner Arthur Henneberger in May, when same-sex marriages became legal in the Bay State. On the marriage license, the couple checked a box that automatically changes the last names of the partners to whatever they request.

The letter from the National Passport Center cites the federal Defense of Marriage Act, which states a marriage can only be between a man and a woman, and a spouse can only refer to a person of the opposite sex.

Donald Henneberger said he had no trouble with the Social Security Administration, another federal agency, when he requested a card in his new name.