Pedersen v. Office of Personnel Management
Encyclopedia
Pedersen et al. v. Office of Personnel Management is a lawsuit
filed on November 9, 2010, in the United States District Court for the District of Connecticut
. The plaintiff
in the suit challenges the constitutionality
of section 3 of the Defense of Marriage Act
(DOMA), which 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."
Gay and Lesbian Advocates and Defenders
(GLAD) filed Pedersen v. O.P.M. in District Court in Connecticut on behalf of same-sex couples in Connecticut, Vermont, and New Hampshire, making the same arguments it made in Gill v. Office of Personnel Management
. The complaint argues that Section 3 of the Defense of Marriage Act
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 or other jurisdictions and restricts the federal government from granting such couples benefits it provides to different-sex married couples.
On February 23, 2011, Attorney General Eric Holder
released a memo regarding two lawsuits challenging DOMA Section 3, Pedersen v. OPM and Windsor v. United States
. He stated: "After careful consideration, including a review of my recommendation, the President has concluded that given a number of factors, including a documented history of discrimination, classifications based on sexual orientation should be subject to a more heightened standard of scrutiny. The President has also concluded that Section 3 of DOMA, as applied to legally married same-sex couples, fails to meet that standard and is therefore unconstitutional. Given that conclusion, the President has instructed the Department not to defend the statute in such cases." However, the administration intends to continue enforcing the law until it is either repealed by Congress or finally declared unconstitutional in court.
Before Holder's announcement, a response to the complaint was due by March 11, 2011. On April 18, 2011, leaders of the House of Representatives announced they had picked former United States Solicitor General
Paul Clement
to defend the case. On May 27, the Court scheduled discovery to be completed by July 11. On July 15, the plaintiffs submitted a motion for summary judgment.
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 on November 9, 2010, in the United States District Court for the District of Connecticut
United States District Court for the District of Connecticut
The United States District Court for the District of Connecticut is the Federal district court whose jurisdiction is the state of Connecticut. The court has offices in Bridgeport, Hartford and New Haven. Appeals from the court are heard by the United States Court of Appeals for the Second Circuit...
. The plaintiff
Plaintiff
A plaintiff , also known as a claimant or complainant, is the term used in some jurisdictions for the party who initiates a lawsuit before a court...
in the suit challenges 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), which 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."
Gay and Lesbian Advocates and Defenders
Gay and Lesbian Advocates and Defenders
Gay & Lesbian Advocates & Defenders is a non-profit legal rights organization in the United States. The organization was founded in 1978, and works toward ending discrimination based on sexual orientation, HIV status, and gender identity and expression.GLAD is based in Boston, Massachusetts, and...
(GLAD) filed Pedersen v. O.P.M. in District Court in Connecticut on behalf of same-sex couples in Connecticut, Vermont, and New Hampshire, making the same arguments it made in Gill v. Office of Personnel Management
Gill v. Office of Personnel Management
Gill et al. v. Office of Personnel Management 699 F.Supp.2d 374 is a lawsuit filed in the United States District Court for the District of Massachusetts...
. The complaint argues 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...
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 or other jurisdictions and restricts the federal government from granting such couples benefits it provides to different-sex married couples.
On February 23, 2011, Attorney General Eric Holder
Eric Holder
Eric Himpton Holder, Jr. is the 82nd and current Attorney General of the United States and the first African American to hold the position, serving under President Barack Obama....
released a memo regarding two lawsuits challenging DOMA Section 3, Pedersen v. OPM and Windsor v. United States
Windsor v. United States
Windsor v. United States is a lawsuit filed in the United States District Court for the Southern District of New York. The plaintiff in the suit challenges the constitutionality of section 3 of the Defense of Marriage Act , which defines the terms "marriage" as "a legal union between one man and...
. He stated: "After careful consideration, including a review of my recommendation, the President has concluded that given a number of factors, including a documented history of discrimination, classifications based on sexual orientation should be subject to a more heightened standard of scrutiny. The President has also concluded that Section 3 of DOMA, as applied to legally married same-sex couples, fails to meet that standard and is therefore unconstitutional. Given that conclusion, the President has instructed the Department not to defend the statute in such cases." However, the administration intends to continue enforcing the law until it is either repealed by Congress or finally declared unconstitutional in court.
Before Holder's announcement, a response to the complaint was due by March 11, 2011. On April 18, 2011, leaders of the House of Representatives announced they had picked 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 27, the Court scheduled discovery to be completed by July 11. On July 15, the plaintiffs submitted a motion for summary judgment.