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GLAD Files Complaint Against DOMA in Gill v. OPM

Gay & Lesbian Advocates & Defenders (GLAD) files a complaint in the U.S. District Court for the District of Massachusetts arguing that Section 3 of the Defense of Marriage Act (DOMA), which holds that “the word ‘marriage’ means only a legal union between one man and one woman as husband and wife, and the word ‘spouse’ refers only to a person of the opposite sex who is a husband or a wife” is unconstitutional.

GLAD’s suit is brought on behalf of several gay and lesbian Massachusetts residents who have legally married in the state since 2004, when marriage equality was enacted, and is named after plaintiff Nancy Gill, a 21-year employee of the U.S. Post Office who was denied a request to add her spouse and two children to her health insurance coverage.

In their brief, GLAD argues that DOMA “creates a classification that treats similarly-situated individuals differently without justification in excess of Congressional authority in violation of the right of equal protection secured by the Fifth Amendment of the Constitution of the United States.”  In doing so, GLAD requests that the court strike down DOMA as unconstitutional and rule that the various federal agencies against whom the suit is brought provide the government services they have been denying the couples based on their sexual orientation.

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