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On Friday, July 31, Gay & Lesbian Advocates & Defenders filed an amended complaint in Gill v. Office of Personnel Management, its lawsuit challenging Section 3 of the Defense of Marriage Act.

In the amended complaint, GLAD officially added tax plaintiffs Mary and Dorene Bowe-Shulman and Marlin Nabors and Jonathan Knight. GLAD also removed its claim involving passport plaintiffs Keith and Al Toney. Due to a change in State Department policy in May of this year, Keith Toney has been able to get a U.S. passport in his correct married name.

As a result of the July 31 filing, the Department of Justice response will be due on or before September 18, 2009. The amended complaint, as well as complete information about Gill v. OPM can be seen at www.glad.org/doma.

Below is text from the complaint (it's 111 pages).

PRAYERS FOR RELIEF
WHEREFORE, the plaintiffs pray that this Court:
1. Declare that the FEHB Program, the HCSFA, and the FEDVIP Program permit coverage of same-sex spouses under their authorizing statutes and regulations.
2. Declare DOMA, 1 U.S.C. § 7, unconstitutional as applied to the plaintiffs. 
    2    Enjoin the defendants from continuing to discriminate against the plaintiffs by treating them differently from similarly situated individuals who are married to persons of the opposite sex.
3    Issue an injunction ordering defendant Michael J. Astrue to review the applications for benefits of plaintiffs Jo Ann Whitehead, Randy Lewis-Kendell, Herb Burtis, and Dean Hara without regard to DOMA, 1 U.S.C. § 7.
4    Award plaintiffs Mary Ritchie and Kathleen Bush judgment in the amount of $14,518, plus interest and costs as allowed by law, and such other relief as this Court may deem just, including the award of reasonable litigation costs incurred in this proceeding under 26 U.S.C. § 7430.
     6. Award plaintiffs Melba Abreu and Beatrice Hernandez judgment in the amount of $14,018, plus interest and costs as allowed by law, and such other relief as this
     Court may deem just, including the award of reasonable litigation costs incurred in this proceeding under 26 U.S.C. § 7430.
5    Award plaintiffs Marlin Nabors and Jonathan Knight judgment in the amount of $2,520, plus interest and costs as allowed by law, and such other relief as this Court may deem just, including the award of reasonable litigation costs incurred in this proceeding under 26 U.S.C. § 7430.
6    Award Mary Bowe-Shulman and Dorene Bowe-Shulman judgment in the amount of $3,332, plus interest and costs as allowed by law, and such other relief as this Court may deem just, including the award of reasonable litigation costs incurred in this proceeding under 26 U.S.C. § 7430.
7    Award attorney's fees and costs to plaintiffs pursuant to 28 U.S.C. § 2412 or any other applicable statutory provision.

10. Grant such other relief as is just and appropriate. 

 

Pam Spaulding

Pam Spaulding

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