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Category: DOMA

Read Complaint Docs Of Challenges To DOMA Filed In Connecticut And New York

From New York Law Journal: The 81-year-old widow of a same-sex partner filed suit in Manhattan federal court on Tuesday challenging the government’s refusal under the Defense of Marriage Act to recognize her Canadian marriage. Edith Windsor, the sole beneficiary of Thea Spyer’s estate, has been forced to pay $363,053 in federal estate taxes because [...]

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DOMA And DADT: A Legal Analysis On Latest Haps

From SDGLN.com: “May you live in interesting times” is as much a curse as a warning. Turbulence, upheaval and revolution – these lead to difficult lives, implies the supposedly Chinese curse. But they are also the defining characteristics of great social change. There are protests and arrests, laws passed and challenged, pickets and bullhorns, hate [...]

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DOMA Case Gets Stay; DOJ Now Has Til Oct To Decide Next Move

On Tuesday U.S. District Court Judge Joseph L. Tauro entered an amended judgment and order in Gill v. Office of Personnel Management granting,that “the judgment in this action is stayed pending the disposition of any appeal filed by the Defendants.” The Department Of Justice (DOJ) now has until October 18, to make up their minds [...]

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DOJ Still Mum On DOMA Cases

According to Keen News Service it’s been 40 days since U.S. District Court Judge Joseph Tauro ruled—in two cases—that the federal benefits provision in the Defense of Marriage Act is unconstitutional. But the Department of Justice has still not indicated whether it intends to appeal those decisions to the 1st Circuit U.S. Court of Appeals. [...]

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Copy Of Historic Decision Ruling DOMA Unconstitutional

Below is a full copy of the district court decision by U.S. District Court Judge Joseph L. Tauro on DOMA.  Today Judge Tauro ruled  Section 3 of the Defense of Marriage Act (DOMA) is unconstitutional with respect to claims brought by seven married same-sex couples and three widowers from Massachusetts. Under the ruling, the plaintiffs [...]

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DOMA Challengers Get Day In Court

Salt ‘n’ Pepa Done Right On Thursday May 6, Gay and Lesbian Advocates and Defenders (GLAD), the LGBT legal advocacy org that represents eight married same-sex couples and three widowers, will face off with the Department Of Justice at the Federal District Court in Boston. GLAD will present its arguments against Section 3 of the [...]

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Same Sex Couples File Class Action In California Over Insurance Denial

Three same-sex spouses of California state employees are suing the California Public Employees Retirement System (CalPERS) over its refusal to sell its long-term care insurance to the same-sex spouses of state workers. The reason?  DOMA says the insurer. Selling the coverage to same-sex spouses according to CalPERS could jeopardize the long-term care program’s federal tax [...]

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