Tricky Timing: DOMA
- Tricky Timing
by Chris Geidner
Thursday Aug 26, 2010
Two weeks before Election Day, the U.S. Department of Justice may be in the
position of going to the U.S. First Circuit Court of Appeals in Boston to
explain why the government should be allowed to keep same-sex couples from
receiving the same Social Security benefits and tax considerations as their
That's because U.S. District Court Judge Joseph L. Tauro entered an amended
judgment and order in Gill v. Office of Personnel Management on Tuesday,
Aug. 17, granting, among other things, that "the judgment in this action is
stayed pending the disposition of any appeal filed by the Defendants."
The Justice Department, therefore, has until Oct. 18 to decide whether to
appeal the case, in which Tauro held that Section 3 of the Defense of
Marriage Act - which defines "marriage" and "spouse" as referring only to
opposite-sex couples - unconstitutional as applied to the plaintiffs, who
include the husband of the late Rep. Gerry Studds (D-Mass.).
The stay - which halts the granting of any of the benefits sought by the
plaintiffs until any appeal is resolved - was not opposed by the plaintiffs
in the case, represented by Gay & Lesbian Advocates & Defenders, and the
agreed order was entered on the docket on Aug. 18.
The rest of the article is here:
[Non-text portions of this message have been removed]