Fresh off their successful challenge of Section 3 of the Defense of Marriage Act (DOMA) in Massachusetts, the Gay & Lesbian Advocates & Defenders (GLAD) filed suit Tuesday 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 New York, Roberta Kaplan, a partner at Paul, Weiss, Rifkind, Wharton & Garrison, sued the federal government on behalf of widow Edie Windsor, 81. Windsor was forced to pay $350,000 in federal estate taxes because of the government’s refusal to recognize her marriage to Thea Spyer.
Based on a similar theory as the one that ultimately prevailed in Gill v. Office of Personnel Management in Massachusetts, a ruling that was stayed in August pending appeal, Mary Bonauto, civil rights project director for GLAD, said the cases, while similar, have some important differences. “It’s the same core legal theory as in Gill in that the claims involve federal taxation, social security, and retirement benefits,” Bonauto said in a conference call with reporters on Tuesday. “In this case, it’s a different jurisdiction involving three additional states that have marriage equality at the state level. Beyond that, there are additional harms in this case.” Bonauto cited Lynda DeForge, a federal postal employee who was denied family leave to care for her wife, who required regular injections into her neck because of a military-related injury, and who recently had knee surgery.
The other plaintiffs in the Connecticut case, Pedersen v. Office of Personnel Management, include a widower who was denied survivor and Social Security death benefits, and two women, one retired, who cannot add their wives to their own health insurance plans.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
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]
