Pro Bono 2010: The Other Gay Marriage Case

The AmLaw Daily
July 8, 2010

Boston Tax Partners, David J. Nagle and Richard L. Jones were quoted in an AmLaw Daily article about Gill et al. v. Office of Personnel Management et al., filed by Gay & Lesbian Advocates & Defenders (GLAD), challenging section 3 of the Defense of Marriage Act (DOMA). Sullivan & Worcester is serving as tax counsel in the case. The plaintiffs, eight married couples and three widowers, allege that they have been damaged by the federal government's refusal to recognize their state-sanctioned marriages, forcing them to pay higher taxes and denying them health and survivor benefits guaranteed to other married couples. Mr. Jones said in the article, "The primary issue with the tax plaintiffs is that they are married under Massachusetts law and have to file as married persons, but because of DOMA, they have to file federal returns as if they weren’t married. . . . This creates a higher tax liability, federally, and it would be reduced if they were permitted to file a joint return."