The parties involved in a same-sex marriage dispute involving a deceased Cozen O’Connor partner and her profit-sharing plan continue to trade court filings and have now officially raised questions regarding the constitutionality of the federal Defense of Marriage Act and Pennsylvania’s “mini DOMA.”

The case, Cozen O’Connor v. Tobits , was filed by the law firm as an interpleader action asking the court to have the parents and wife of former partner Sarah Ellyn Farley decide among themselves who should get Farley’s profit-sharing plan benefits. Parents David and Joan Farley argued they were named as beneficiaries on the plan and, in the alternative, the benefits are to go to the parents if no surviving spouse is named. Because federal and Pennsylvania state law do not recognize same-sex marriages, the money automatically defaults to the parents, they argued. They have filed a motion to dismiss the cross-claim by Jennifer Tobits, Ellyn Farley’s wife.

This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.

For questions call 1-877-256-2472 or contact us at [email protected]