RENWL

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 as to whether or not to appeal the case.

The stay halts the granting of any of the benefits sought by the plaintiffs until any appeal is resolved. It was not opposed by the plaintiffs in the case, represented by Gay & Lesbian Advocates & Defenders (GLAD)and the agreed order was entered on the docket on August 18.

Remember though that there were two DOMA cases.

The other case however, Massachusetts v. U.S. Department of Health and Human Services, still has the initial August 12 judgment controlling the 60-day clock for appeal according to MetroWeekly, which would strike a week earlier, on October 11.

Here’s what plaintiff attorney and GLAD legal counsel Mary Bonauto had to say about the stay:

“We agreed to a stay for two reasons. First and foremost, it is in our clients’ best interest. They want the certainty of knowing that their Social Security payments, health insurance costs, or tax refunds are not potentially subject to repayment to the government. Only a final victory ensures that.

“Second, we think the stay actually provides clarity for married couples around the country who are looking at their own situations and wondering whether the Gill decision allows them to apply for Social Security benefits, for example, or sponsor their spouse for citizenship. The answer, even without a stay in Gill, is: no, not yet.”

The following Case documents (3) are below:

Joint Motion Allowed with Notation by Hand 8-17-10

Amended Judgment entered 8-17-10

Order granting Stay 8-17-10

Metroweekly: An Unappealing Election Matter: Defending DOMA