ASAP
Massachusetts DOMA Ruling On Hold
Last month’s landmark ruling in Gill v. Office of Personnel Management that declared
The U.S. Department of Justice and the parties represented by Gay & Lesbian Advocates & Defenders (GLAD) reached an agreement on the stay last week. GLAD announced that it was in its clients’ best interests because only a final victory would ensure that any awarded benefits, such as Social Security payments or tax refunds, would not be subject to repayment to the government in the wake of a potential court reversal. The organization also wants clarity for married same-sex couples around the country.
In addition to the stay, Judge Tauro also filed an amended judgment (pdf) in Gill that fully outlines what his July decision means for each plaintiff – 7 married same-sex couples and 3 widowers. The amended judgment makes it clear that the “as applied” challenge provided relief only for the named plaintiffs and that the opinion does not necessarily result in elimination of DOMA as a barrier to recognition of other state-sanctioned same-sex marriages for other purposes under Federal law. Originally filed in March 2009, Gill was considered by many to be one of the best challenges to DOMA, and the National Law Journal previously identified the case as having the greatest potential for national impact.
Susan K. Hoffman authored this entry.