A federal judge in Philadelphia heard arguments this week on a local case that could have significant implications on the federal ban on same-sex marriage.
Both sides in Cozen O’Connor v. Jennifer Tobits came before Judge C. Darnell Jones II March 13 for a hearing that addressed myriad issues in the case, including the state and federal Defense of Marriage Act.
Cozen O’Connor, a firm based in Philadelphia, filed a suit to solicit a court ruling on whether it must provide death benefits of late employee Sarah Ellyn Farley to Tobits, her same-sex spouse.
Tobits, a Chicago resident, sought the benefits following the 2010 death of Farley, whom she married in Canada four years previously. However, Farley’s parents also claimed they were entitled to the approximately $41,000 in benefits, as they allege DOMA, as well as Pennsylvania’s similar statute, would prevent Cozen from recognizing the marriage.
The Farleys have argued that the health plan is Employee Retirement Income Security Act-qualified, a federal mandate; however, ERISA does not define the word “spouse.”
Shannon Minter, executive director of National Center for Lesbian Rights, which is representing Tobits, said DOMA should not come into play in this case, as the benefits being awarded are from a private company, not a federal entity.
“The judge really seemed to understand the significance of what we view as the primary issue, which is whether DOMA prevents private employers from providing equal pension benefits to same-sex spouses,” Minter said. “He focused in on that issue and pressed the attorney from Cozen hard on that issue.”
Jones engaged in a “lengthy and focused discussion” on ERISA with members of Tobits’ local counsel, Teresa Renaker and Susan Hoffman, whom Minter said are ERISA experts.
“In ERISA cases, Teresa is usually representing employees and Susan representing employers, so to have them both taking the same position on this issue is very significant,” Minter said. “And I think the judge appreciated having their very deep expertise on ERISA.”
Near the end of the four-hour hearing, an attorney for Cozen noted that, if the court finds that DOMA would not prevent the firm from awarding the benefits to Tobits, the company would comply. Minter noted that the statement was “an interesting thing to say in open court” and could indicate “that they realize they may not be on the strongest ground.”
As the constitutionality of DOMA is in question, this is one of the several cases that the U.S. House of Representatives’ Bipartisan Legal Advisory Group has intervened in, after the Obama administration announced last year it would no longer defend DOMA in court.
In addition to the BLAG representative, Farley’s father was on hand, as was Tobits.
Having Tobits in the courtroom was significant, said Tiffany Palmer, also a member of Tobits’ local counsel.
“It puts a face to these really complicated issues,” she said. “This is a real person who lost her spouse. You can make an academic or legal analysis as much as possible, but at the end of the day, this is really personal for her.”
Palmer added that the case highlights the challenges that the “patchwork” system of benefits for same-sex couples across the nation has created.
“It’s very difficult when we have some states that recognize marriage, some that recognize civil unions, some that don’t recognize anything at all,” Palmer said. “It’s confusing to people trying to do estate planning and to employers. This is a very good example of why we need more clarification in the law, but also why people need to take steps to protect themselves as well.”
Jen Colletta can be reached at [email protected].