On Thursday morning the federal district court in Boston will hear oral arguments on the constitutionality of the federal Defense of Marriage Act in Gill v. Office of Personnel Management.
The case, brought by Gay and Lesbian Advocates and Defenders, challenges Section 3 of DOMA, which prevents the federal government from recognizing same-sex marriages. The case does not extend to whether individual states can recognize same-sex marriages.
On behalf of seven married same-sex couples and three widowers, GLAD attorney Mary L. Bonatuo will argue that the section of DOMA violates the federal constitutional guarantee of equal protection as applied to federal income taxation, Social Security benefits, and federal employee and retiree benefits.
“We think it’s actually really simple,” GLAD executive director Lee Swislow told The Advocate moments before heading to the court Thursday morning. “The government has carved out one set of legally married couples and excluded them from the federal benefits that every other legally married couple gets. Throughout its history, the federal government has always respected the state definition of marriage. But for same-sex couples, they’re making the decision. We say there is a clear violation of equal protection.”
The federal government, which has filed a motion to dismiss the case, calls the 1996 law discriminatory in its brief and concedes that the Obama administration is seeking repeal. However, the government says it is not discriminatory to maintain the status quo while the issue gets resolved. (Story continued on next page)
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