- Fairness in the Courts
- Workplace Equality and Economic Empowerment
- Sex-Based Classification
- LGBTQ+ Rights
- Authored Amicus Brief
Challenging denial of spousal health benefits by employer on the basis of same-sex marriage.
Summary of the Case
The plaintiff-appellee's employer, the U.S. Ninth Circuit Court of Appeals in San Francisco, CA, denied her spousal benefits. After a court ruling that the Ninth Circuit violated it's own policies prohibiting discrimination on the basis of sexual orientation, the Office of Personnel Management argued in part that the Defense of Marriage Act (DOMA) prevents coverage for same-sex spouses.
Our Role in the Case
Legal Momentum's amicus brief filed in the Ninth Circuit Court of appeals argues that DOMA is subject to heightened judicial scrutiny because it discriminates on the basis of sex, and that DOMA perpetuates sex stereotypes regarding women similar to race-based laws.