Tracey Cooper-Harris and Maggie Cooper-Harris v. United States of America, Eric H. Holder Jr. and Eric K. Shinseki
Published: Sep. 21, 2013 | Result Date: Aug. 29, 2013 | Filing Date: Jan. 1, 1900 |Case number: 2:12-cv-887 Summary Judgment – Plaintiffs
Court
USDC Central
Attorneys
Plaintiff
Matthew D. Benedetto
(WilmerHale)
Randall J. Lee
(WFBM LLP)
Defendant
Christine P. Sun
(States United Democracy Center)
Facts
Tracey and Maggie Cooper-Harris filed suit against the United States, challenging the constitutionality of Section 3 of the Defense of Marriage Act and Section 101(3) and 101(31) of Title 38. Plaintiffs argued that these provisions violated the equal protection clause of the Fifth Amendment by discriminating on the basis of sexual orientation.
The Supreme Court later held that DOMA was unconstitutional.
Result
The court granted summary judgment for the plaintiffs, holding the disputed provisions of Title 38 unconstitutional. the Court permanently enjoined the U.S. government from denying recognition of plaintiffs' marriage on the basis of DOMA or Title 38.
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