Greetings,

Right now, Gay & Lesbian Advocates & Defenders (GLAD) is filing a lawsuit in Federal District Court in Boston – Gill et al. v. Office of Personnel Management et al. - fighting for fairness.  This lawsuit is on behalf of eight married same-sex couples and three surviving spouses from Massachusetts, each of whom was denied federal benefits because of the Defense of Marriage Act (DOMA). 

The case against DOMA states that Section 3 of the legislation denies legal rights and protections by overriding a state’s determination on same-sex marriage.  It also argues that DOMA Section 3 violates equal protection guarantees by requiring all federal departments to disrespect the valid state-licensed marriages of same-sex couples, but follow state determinations of marital status for other married couples.

This lawsuit seeks a ruling that DOMA Section 3 is unconstitutional as applied to the plaintiffs in Federal Income Tax, Social Security, federal employment benefits, and the issuance of passports. 

According to GLAD, this case has no bearing on state laws about marriage.  It focuses on discrimination by the federal government against a class of people who are already married in their state. 

“Same-sex couples have been marrying in Massachusetts for five years... it’s not right for the federal government to follow state’s determinations of marital status except for a subset of people” said Travis Myles, KFA Board Chairperson. 

GLAD has launched a website for you to track the progress of this case as it proceeds through federal court.  At some point down the road, this case may end up in the hands of the U.S. Supreme Court.  We should watch it closely.

In fairness,
Your KFA Team!

Founded in 1978, Gay & Lesbian Advocates & Defenders (GLAD) is New England’s leading legal rights organization dedicated to ending discrimination based on sexual orientation, HIV status and gender identity and expression.