News

Chadbourne Represents OutServe-SLDN in Supreme Court Effort to Overturn DOMA

Amicus Brief Filed U.S. v. Windsor Details Harm to Military by Discriminatory Law

March 1, 2013

Chadbourne & Parke represented OutServe-SLDN in the filing of an amicus curiae brief filed with the United States Supreme Court in the case of United States v. Windsor arguing that the so-called Defense of Marriage Act (DOMA) harms military families and compromises national security. Oral argument is scheduled for March 27, 2013. The brief, filed by Chadbourne partner Abbe Lowell and counsel Christopher Man, urged the court to strike down the law as unconstitutional.

The brief explains that the military provides numerous benefits and support services to the families of its service members, but the Defense of Marriage Act prevents the military from recognizing and extending benefits to certain military families by essentially nullifying otherwise legal marriages between service members and their spouses of the same gender. The brief also argues that the issue is more than just about fairness but also impacts national security: “These benefits address an important source of worry for service members, allowing them to focus on the tasks at hand. A Marine who is ordered to kick down a door or to take a hill in the midst of incoming gunfire should not have to worry about what would happen to his or her spouse if the Marine were to die in battle.”

Chadbourne is currently co-counsel with OutServe-SLDN in a landmark suit filed in October 2011 in federal court - McLaughlin v. Panetta - on behalf of eight gay and lesbian military families challenging the constitutionality of DOMA as applied to the military benefits provided by Title 10, Title 32 and Title 38 of the United States Code. The McLaughlin case is stayed while the Supreme Court considers the constitutionality of DOMA in the Windsor case. The Windsor case argues that DOMA and other federal statutes that prevent the military from providing equal recognition and support to same-sex military spouses.

Chadbourne represents OutServe-SLDN pro bono on both cases.

To see a copy of the amicus brief click here.