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

Famous quotes containing the words challenges, federal and/or court:

    The approval of the public is to be avoided like the plague. It is absolutely essential to keep the public from entering if one wishes to avoid confusion. I must add that the public must be kept panting in expectation at the gate by a system of challenges and provocations.
    André Breton (1896–1966)

    There are always those who are willing to surrender local self-government and turn over their affairs to some national authority in exchange for a payment of money out of the Federal Treasury. Whenever they find some abuse needs correction in their neighborhood, instead of applying the remedy themselves they seek to have a tribunal sent on from Washington to discharge their duties for them, regardless of the fact that in accepting such supervision they are bartering away their freedom.
    Calvin Coolidge (1872–1933)

    GOETHE, raised o’er joy and strife,
    Drew the firm lines of Fate and Life,
    And brought Olympian wisdom down
    To court and mar, to gown and town,
    Stooping, his finger wrote in clay
    The open secret of to-day.
    Ralph Waldo Emerson (1803–1882)