The National Center for Lesbian Rights filed a brief in federal district court in Pennsylvania yesterday arguing that private employers cannot hide behind the federal Defense of Marriage Act (DOMA) to justify discriminating against same-sex spouses in private benefits plans.
NCLR is representing Jennifer Tobits, the widow of Sarah “Ellyn” Farley, whose parents have challenged the couple’s marriage and now seek death benefits provided by Ellyn’s employer, the law firm Cozen O’Connor P.C. Cozen’s arguments in the case jeopardize the policies of countless employers who currently provide equal benefits to same-sex spouses, including many of the nation’s Fortune 500 corporations.
Under Cozen’s retirement plan, Jennifer is entitled to Ellyn’s death benefits as her surviving spouse. Ellyn’s parents have argued that the couple’s four-year marriage is invalid because of DOMA and that Cozen should pay the benefits to them. Rather than pay the benefits to Jennifer, in January 2011, Cozen filed an action in the federal district court for the Eastern District of Pennsylvania to determine whether Jennifer or Ellyn’s parents should receive the benefits.
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