S&W Assists GLAD with Another DOMA Court Challenge
Sullivan & Worcester serves pro bono as special tax counsel in GLAD's latest concerted, multi-plaintiff legal challenge to Section 3 of the federal Defense of Marriage Act (DOMA). GLAD (Gay & Lesbian Advocates & Defenders) is New England's leading legal organization devoted to ending discrimination based on sexual orientation, HIV status, and gender identity and expression.
On Tuesday, November 9, GLAD filed suit on behalf of two same-sex couples and one widower in federal district court in Connecticut, challenging the constitutionality of the federal government's denial of Social Security claims, retirement benefits, health care, and family medical leave to lawfully-married same-sex couples in Connecticut, New Hampshire, and Vermont.
In both Gill et al. v. Office of Personnel Management, GLAD’s earlier DOMA case filed in federal district court in Massachusetts, and now in Pedersen et al. v. Office of Personnel Management, GLAD argues that DOMA Section 3 violates the federal constitutional guarantee of equal protection. Gill was decided this past July, when the district court in Massachusetts ruled in favor of the plaintiffs, finding DOMA to be unconstitutional. The government has appealed Gill to the U.S. Court of Appeals, 1st Circuit. The lawsuits and S&W’s tax attorneys, David J. Nagle and Richard L. Jones, have received significant national attention, including recent press in the following publications:
- AmLaw Daily
- Bay Windows
- New York Law Journal