Federal DOMA challenge filed by Gay and Lesbian Advocates and Defenders today
by: Pam Spaulding
Tue Mar 03, 2009 at 09:30:00 AM EST
http://www.pamshouseblend.com/showDiary.do?diaryId=9721Hot news, covered by Ethan Jacobs of Bay Windows. What is interesting -- and smart -- about this case is that is very narrowly focused; the lawsuit filed by Gay and Lesbian Advocates and Defenders (GLAD) targets the discriminatory provisions in section three of DOMA that prevent equali treatment of gay and lesbian married couples in the area of taxation, federal employee spousal and survivor benefits, as well as Social Security and name changes.
GLAD believes the suit may ultimately be decided by the U.S. Supreme Court, which would mark the first time the nation's highest court heard a major DOMA challenge. GLAD filed the suit, called Gill, et al vs. Office of Personnel Management, et al, on behalf of eight couples and three widowers, all from Massachusetts. Among the plaintiffs is Dean Hara, widower of the late Congressman Gerry Studds.
Janson Wu, an attorney for GLAD working on the case, said the plaintiffs have been denied a range of important benefits under DOMA, and these benefits will be the focus of the suit. The Office of Personnel Management, which administers federal employee benefits, turned down Hara's application to receive survivor benefits through Studds' federal pension, including health insurance; Hara currently pays about $7000 per year out of pocket for health insurance that other surviving spouses of federal employees would receive at no cost. Hara was also denied the lump sum Social Security death benefits used by spouses to pay for funeral costs.
more here
http://www.baywindows.com/index.php?ch=news&sc=glbt&sc2=news&sc3=&id=87923
