U.S. District Judge Phyllis J. Hamilton ruled on January 4 in Schuett v. FedEx Corporation, 2015 U.S. Dist. LEXIS 244, 2015 WL 39890 (N.D. Cal.), that the Supreme Court’s 2013 decision in U.S. v. Windsor, striking down Section 3, a key provision of the Defense of Marriage Act (DOMA), could be applied retroactively to allow Stacey Schuett, a lesbian widow, to sue her late spouse’s employer for a survivor annuity. Although the judge rejected a … <Read More>
spousal benefits
Houston Mayor’s Order Sparks Court Battle on Partner Benefits
In November, recently re-elected openly lesbian Mayor Annise Parker of Houston, Texas, directed the city’s Human Resources department to recognize the out-of-state same-sex marriages of city employees for benefits
purposes, to be effective January 1, 2014. Harris County Republican Chair Jared Woodfill found two taxpayers willing to be plaintiffs in an action challenging Parker’s directive, which was filed on December 17 in Harris County District Court. District Judge Lisa Millard issued an order blocking Parker’s … <Read More>
Immigration Review Panel Announces Same-Sex Marriage Recognition Rule
Shortly after the Supreme Court held Section 3 of the Defense of Marriage Act (DOMA) unconstitutional on June 26 in U.S. v. Windsor, Department of Homeland Security Secretary Janet Napolitano announced that the immigration service under her department would recognize same-sex marriages that were valid where they were performed, using the “place of celebration rule.” But her announcement, which varied from standard practice of considering whether a marriage was recognized where the couple was residing, … <Read More>
The New Military Benefits Policy Announcement
Today (February 11) the Defense Department announced a new list of benefits that will be made available to same-sex domestic partners of Servicemembers. This will be on top of the accumulating list of benefits that have been made available since the “don’t ask don’t tell” policy was ended, together with the prohibition on service menbers entering into same-sex marriages. (The memo from the office of Defense Secretary Leon Panetta is available on the DoD website … <Read More>