Gill v. Office of Personnel Management
Encyclopedia
Gill et al. v. Office of Personnel Management 699 F.Supp.2d 374 (D.Mass., 2010) is a lawsuit
filed in the United States District Court for the District of Massachusetts
. The plaintiffs in the suit challenge the constitutionality
of section 3 of the Defense of Marriage Act
(DOMA), the section that defines the terms 'marriage' as "a legal union between one man and one woman as husband and wife" and 'spouse' as "a person of the opposite sex who is a husband or a wife."
The trial began on May 6, 2010, and was heard by District Judge Joseph Louis Tauro
. On July 8, Tauro ruled section 3 of DOMA unconstitutional in a summary judgment
. He later stayed the implementation of his decision pending appeal and the Department of Justice entered an appeal on October 12, 2010.
. The complaint argued that Section 3 of the Defense of Marriage Act
(DOMA) should be found unconstitutional based on the Fifth Amendment
, equal protection, and the federal government's historically consistent deference to state definitions of marriage
. Section 3 defines the terms "marriage" and "spouse
" for the purposes of federal law. It prevents the federal government from recognizing the marriages of same-sex couples who are legally married in their own states and restricts the federal government from granting such couples any federal benefits it provides to opposite-sex married couples.
On July 8, 2010, U.S. District Judge Joseph Tauro
found for the plantiffs, saying:
Tauro's decision found Section 3 lacks a rational basis. While the plaintiffs had asked Tauro to find that sexual orientation
was a suspect class and therefore properly treated with strict scrutiny
, Tauro's found that Section 3 was unconstitutional on rational basis grounds. He did not address the question of whether heightened scrutiny was warranted.
Tauro issued a decision in Massachusetts v. United States Department of Health and Human Services
, which found the same provision of DOMA
was also unconstitutional on Tenth Amendment
and Spending Clause grounds, on the same day he released his opinion in Gill.
On January 14, 2011, the Department of Justice filed a single brief in the First Circuit Court of Appeals
that defended DOMA in both Gill and the related case brought by the Commonwealth of Massachusetts. On February 25, the Department of Justice notified the Court that it will "cease to defend" both cases. On April 18, 2011, leaders of the House of Representatives announced they had hired former United States Solicitor General
Paul Clement
to defend the case. On May 20, 2011, the Bipartisan Legal Advisory Group
(BLAG), an arm of the U.S. House of Representatives, filed a motion asking to be allowed to intervene to defend DOMA Section 3. GLAD and the Department of Justice did not oppose the request. The Court set a briefing scheduled to be completed by the end of September.
On June 21, 2011, plaintiffs filed a petition for en banc
review to expedite the case by moving it more quickly through the judicial review process. On July 7, the DOJ supported that petition and argued that DOMA 3 requires heightened scrutiny review and will fail to meet that standard. In its response filed the same day, the BLAG agreed to the plaintiffs' request provided that other cases are consolidated with it, notably Massachusetts, and that the briefing schedule be revised. It said that "a definitive determination of Section 3's constitutionality by the Supreme Court seems all but inevitable. It is in all parties' interest that the Supreme Court resolve this issue sooner, rather than later." In their briefs, the parties disputed whether there is a First Circuit precedent holding that laws using sexual orientation as a classification are not subject to heightened scrutiny.
GLAD filed its appeal brief on October 28, 2011. Responses from the DOJ and the BLAG are due December 1, 2011.
Lawsuit
A lawsuit or "suit in law" is a civil action brought in a court of law in which a plaintiff, a party who claims to have incurred loss as a result of a defendant's actions, demands a legal or equitable remedy. The defendant is required to respond to the plaintiff's complaint...
filed in the United States District Court for the District of Massachusetts
United States District Court for the District of Massachusetts
The United States District Court for the District of Massachusetts is the federal district court whose jurisdiction is the Commonwealth of Massachusetts, USA. The first court session was held in Boston in 1789. The second term was held in Salem in 1790 and until 1813 court session locations...
. The plaintiffs in the suit challenge the constitutionality
Constitutionality
Constitutionality is the condition of acting in accordance with an applicable constitution. Acts that are not in accordance with the rules laid down in the constitution are deemed to be ultra vires.-See also:*ultra vires*Company law*Constitutional law...
of section 3 of the Defense of Marriage Act
Defense of Marriage Act
The Defense of Marriage Act is a United States federal law whereby the federal government defines marriage as a legal union between one man and one woman. Under the law, no U.S. state may be required to recognize as a marriage a same-sex relationship considered a marriage in another state...
(DOMA), the section that defines the terms 'marriage' as "a legal union between one man and one woman as husband and wife" and 'spouse' as "a person of the opposite sex who is a husband or a wife."
The trial began on May 6, 2010, and was heard by District Judge Joseph Louis Tauro
Joseph Louis Tauro
Joseph Louis Tauro is a United States federal judge. He is the son of the late Massachusetts Chief Justice G. Joseph Tauro.Born in Winchester, Massachusetts, Tauro received an A.B. from Brown University in 1953 and an LL.B. from Cornell Law School in 1956. He was a First Lieutenant in the United...
. On July 8, Tauro ruled section 3 of DOMA unconstitutional in a summary judgment
Summary judgment
In law, a summary judgment is a determination made by a court without a full trial. Such a judgment may be issued as to the merits of an entire case, or of specific issues in that case....
. He later stayed the implementation of his decision pending appeal and the Department of Justice entered an appeal on October 12, 2010.
History
On March 3, 2009, Gay & Lesbian Advocates & Defenders (GLAD) filed Gill in federal district courtUnited States district court
The United States district courts are the general trial courts of the United States federal court system. Both civil and criminal cases are filed in the district court, which is a court of law, equity, and admiralty. There is a United States bankruptcy court associated with each United States...
. The complaint argued that Section 3 of the Defense of Marriage Act
Defense of Marriage Act
The Defense of Marriage Act is a United States federal law whereby the federal government defines marriage as a legal union between one man and one woman. Under the law, no U.S. state may be required to recognize as a marriage a same-sex relationship considered a marriage in another state...
(DOMA) should be found unconstitutional based on the Fifth Amendment
Fifth Amendment to the United States Constitution
The Fifth Amendment to the United States Constitution, which is part of the Bill of Rights, protects against abuse of government authority in a legal procedure. Its guarantees stem from English common law which traces back to the Magna Carta in 1215...
, equal protection, and the federal government's historically consistent deference to state definitions of marriage
Marriage
Marriage is a social union or legal contract between people that creates kinship. It is an institution in which interpersonal relationships, usually intimate and sexual, are acknowledged in a variety of ways, depending on the culture or subculture in which it is found...
. Section 3 defines the terms "marriage" and "spouse
Spouse
The term spouse generally refers to a partner in a marriage:* Husband, referring to a male partner* Wife, referring to a female partner* In some usages, a partner in a civil union, domestic partnership or common-law marriage- See also :* Bride...
" for the purposes of federal law. It prevents the federal government from recognizing the marriages of same-sex couples who are legally married in their own states and restricts the federal government from granting such couples any federal benefits it provides to opposite-sex married couples.
On July 8, 2010, U.S. District Judge Joseph Tauro
Joseph Louis Tauro
Joseph Louis Tauro is a United States federal judge. He is the son of the late Massachusetts Chief Justice G. Joseph Tauro.Born in Winchester, Massachusetts, Tauro received an A.B. from Brown University in 1953 and an LL.B. from Cornell Law School in 1956. He was a First Lieutenant in the United...
found for the plantiffs, saying:
Tauro's decision found Section 3 lacks a rational basis. While the plaintiffs had asked Tauro to find that sexual orientation
Sexual orientation
Sexual orientation describes a pattern of emotional, romantic, or sexual attractions to the opposite sex, the same sex, both, or neither, and the genders that accompany them. By the convention of organized researchers, these attractions are subsumed under heterosexuality, homosexuality,...
was a suspect class and therefore properly treated with strict scrutiny
Strict scrutiny
Strict scrutiny is the most stringent standard of judicial review used by United States courts. It is part of the hierarchy of standards that courts use to weigh the government's interest against a constitutional right or principle. The lesser standards are rational basis review and exacting or...
, Tauro's found that Section 3 was unconstitutional on rational basis grounds. He did not address the question of whether heightened scrutiny was warranted.
Tauro issued a decision in Massachusetts v. United States Department of Health and Human Services
Massachusetts v. United States Department of Health and Human Services
Commonwealth of Massachusetts v. United States Department of Health and Human Services 698 F.Supp.2d 234 is a lawsuit filed in the United States District Court for the District of Massachusetts...
, which found the same provision of DOMA
Doma
- Places :* Domah, a mandal in Ranga Reddy district, Andhra Pradesh, India* Doma, Nigeria, a local government are in Nasarawa State, Nigeria* Duma , a Palestinian town in the West Bank- Other uses :...
was also unconstitutional on Tenth Amendment
Tenth Amendment to the United States Constitution
The Tenth Amendment to the United States Constitution, which is part of the Bill of Rights, was ratified on December 15, 1791...
and Spending Clause grounds, on the same day he released his opinion in Gill.
Status
Tauro entered his final judgment–a document developed in consultation with the parties to the case–on August 18 and granted a stay for the duration of the appeals process. Plaintiffs did not oppose the stay. GLAD believes an appeal provides "the chance to argue in front of a higher court with a broader reach...[and] an opportunity to address the harms DOMA Section 3 causes to already married couples across the country."On January 14, 2011, the Department of Justice filed a single brief in the First Circuit Court of Appeals
United States Court of Appeals for the First Circuit
The United States Court of Appeals for the First Circuit is a federal court with appellate jurisdiction over the district courts in the following districts:* District of Maine* District of Massachusetts...
that defended DOMA in both Gill and the related case brought by the Commonwealth of Massachusetts. On February 25, the Department of Justice notified the Court that it will "cease to defend" both cases. On April 18, 2011, leaders of the House of Representatives announced they had hired former United States Solicitor General
United States Solicitor General
The United States Solicitor General is the person appointed to represent the federal government of the United States before the Supreme Court of the United States. The current Solicitor General, Donald B. Verrilli, Jr. was confirmed by the United States Senate on June 6, 2011 and sworn in on June...
Paul Clement
Paul Clement
Paul Drew Clement is a former United States Solicitor General and current Georgetown University legal professor. He is also an adjunct professor at New York University School of Law. He was nominated by President George W...
to defend the case. On May 20, 2011, the Bipartisan Legal Advisory Group
Bipartisan Legal Advisory Group
The Bipartisan Legal Advisory Group is a standing body of the U.S. House of Representatives. Comprising 5 members of the House leadership , it directs the activities of the House Office of General Counsel...
(BLAG), an arm of the U.S. House of Representatives, filed a motion asking to be allowed to intervene to defend DOMA Section 3. GLAD and the Department of Justice did not oppose the request. The Court set a briefing scheduled to be completed by the end of September.
On June 21, 2011, plaintiffs filed a petition for en banc
En banc
En banc, in banc, in banco or in bank is a French term used to refer to the hearing of a legal case where all judges of a court will hear the case , rather than a panel of them. It is often used for unusually complex cases or cases considered to be of greater importance...
review to expedite the case by moving it more quickly through the judicial review process. On July 7, the DOJ supported that petition and argued that DOMA 3 requires heightened scrutiny review and will fail to meet that standard. In its response filed the same day, the BLAG agreed to the plaintiffs' request provided that other cases are consolidated with it, notably Massachusetts, and that the briefing schedule be revised. It said that "a definitive determination of Section 3's constitutionality by the Supreme Court seems all but inevitable. It is in all parties' interest that the Supreme Court resolve this issue sooner, rather than later." In their briefs, the parties disputed whether there is a First Circuit precedent holding that laws using sexual orientation as a classification are not subject to heightened scrutiny.
GLAD filed its appeal brief on October 28, 2011. Responses from the DOJ and the BLAG are due December 1, 2011.
External links
- Court decision (via Justia)
- Case Documents at GLAD
- Cook v. Gates (2008), earlier First Circuit opinion