U.S. District Court judge finds DOMA unconstitutional in ‘Pedersen v. OPM’
Jul 31, 2012 at 01:15 pm
The case, initially filed in November 2010 by Gay & Lesbian Advocates and Defenders
, concerns several married same-sex couples and widowers in Connecticut, Vermont, and New Hampshire who were denied federal tax, social security, pension and family medical leave protections. The lawsuit argues that Section 3 of DOMA - the section that instates a federal definition of marriage as only a union between different-sex couples - violates the U.S. Constitution's fifth amendment, which promises equal protection under the law.
The ruling is particularly significant given that Judge Bryant was appointed to the court in 2007 by Republican President George W. Bush. She is one of many Republican judges who have found that DOMA's Section 3 violates the U.S. Constitution.
I'm thrilled that the court ruled that our marriage commitment should be respected by the federal government just as it is in our home state of Connecticut. I loved working for the Navy for many years, and now that I am retired I now just want to care for my wife and make sure we can enjoy some happy and healthy years together. DOMA has prevented us from doing that.
Now, Pedersen v. O.P.M.
will likely face an appeal from the Bipartisan Legal Advisory Group, a GOP-led group from the House of Representatives that stepped into defend DOMA after the Obama administration announced in February 2011 that they would no longer defend the discriminatory law
The Court is currently on summer recess but will resume in September. The Court is expected to announce whether it will hear a DOMA case in late September or October.