Defense of Marriage Act - Challenges in Federal Court

Challenges in Federal Court

Numerous plaintiffs have challenged DOMA. Cases from the middle of the first decade of the 21st century upheld the law:

  • In re Kandu, a same-sex couple in the state of Washington, who had married in Canada, attempted to file a joint bankruptcy petition, but were not allowed to do so.
  • Wilson v. Ake, an unsuccessful attempt by a Florida same-sex couple, married in Massachusetts, to have their marriage license accepted in Florida.

More recent cases have focused on section 3's definition of marriage. The courts, using different standards, have all found section 3 unconstitutional. Requests for the Supreme Court to hear appeals have been filed in five cases, listed below (with Supreme Court docket numbers):

  • Gill v. Office of Personnel Management (12-13 as BLAG v. Gill)
  • Massachusetts v. United States Department of Health and Human Services (12-15 as Dept. of HHS v. Massachusetts, 12-97)
  • Golinski v. Office of Personnel Management (12-16 OPM v. Golinski)
  • Windsor v. United States (12-63)
  • Pedersen v. Office of Personnel Management (12-231)

Read more about this topic:  Defense Of Marriage Act

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