Despite last week’s gains for same-sex marriage, Jennifer Tobits’ quest to receive the death benefits of her deceased wife continues with no end in sight.
Tobits married Sarah Ellyn Farley in Canada in 2006.
At the time, the women lived in Illinois, where Farley worked as an attorney for the law firm of Cozen O’Connor.
About two months after the marriage, Farley was diagnosed with cancer and died in 2010.
Tobits sought about $41,000 in death benefits from Cozen, as Farley’s surviving spouse.
But Cozen, based in Philadelphia, filed a legal action in federal court here, asking a judge to determine whether Tobits or Farley’s parents get the money.
The case remains pending before U.S. District Judge C. Darnell Jones 2d.
Christopher F. Stoll, an attorney for Tobits, said the recent Supreme Court decision striking down Section 3 of DOMA bodes well for Tobits.
Stoll noted that Cozen cited Section 3 as a reason to deny Tobits the money.
“Cozen could have honored Jennifer’s claim in 2010,” Stoll said. “This litigation was absolutely unnecessary. Jennifer deserves to get the benefit she’s entitled to as soon as possible, so she can move on with her life.”
But Peter C. Breen, an attorney for Farley’s parents, said his clients have a strong case for the money, regardless of last week’s Supreme Court rulings.
He said the Farleys’ legal position doesn’t rely on DOMA but rather on the idea that they’re next of kin.
“The Farleys don’t dispute the ladies had a Canadian marriage license,” Breen said. “But American law will govern this case, not Canadian law. We don’t consider them married for the purposes of this benefit, because neither the state where Cozen is based nor the state where they resided recognize same-sex marriage.”
Breen added: “Even if Pennsylvania and Illinois recognize same-sex marriage tomorrow, it wouldn’t be relevant because the judge has to look at the facts in place at the time of Ellyn’s death. Since Ms. Tobits isn’t the surviving spouse, she doesn’t get the benefit, period.”
But Stoll emphasized that Tobits is the surviving spouse, under Cozen’s plan. He said the plan only requires that a couple be married for at least a year and doesn’t specify a couple must be married in the United States, nor in a particular state.
“U.S. employers and U.S. laws recognize people who get married in Canada all the time, and this is no different,” Stoll said.
Susan K. Hoffman, a local attorney specializing in labor law, said upcoming guidance from the IRS may clarify whether Tobits is entitled to the benefit.
“If Jennifer Tobits is the surviving spouse, there isn’t a basis to deny her the disputed benefit,” Hoffman said. “Until we see an IRS definition of marriage, I really can’t predict the outcome of this case. If it’s determined that Jennifer is the surviving spouse, federal law mandates that she gets the benefit.”
Stoll said Jones can rule in Tobits’ favor without waiting for guidance from the IRS.
“The court can resolve this case without waiting for the IRS’ definition of marriage, because the terms of Cozen’s plan make clear that Jennifer is the surviving spouse,” Stoll said.
Jones had no comment.
Michael J. Heller, Cozen’s CEO, had no comment on whether Cozen would offer both sides $41,000 to settle the contentious litigation.
Stoll said Tobits is holding up as well as can be expected.
“She’s such a wonderful, strong person,” Stoll added. “She’s coping with everything as well as can be expected.”
