Connect with us

Politics

Court rules lesbian widow must receive survivor’s benefits

Decision invokes DOMA ruling, Ill. civil union law in reasoning

Published

on

Sarah Ellyn Farley, Jennifer Tobits, Pennsylvania, Gay News, Washington Blade
Sarah Ellyn Farley, Jennifer Tobits, Pennsylvania, Gay News, Washington Blade

Sarah Ellyn Farley and Jennifer Tobits. (Photo courtesy of the National Center for Lesbian Rights)

A federal court has determined that a lesbian widow is entitled to her late spouse’s benefits partly on the basis that Illinois civil union law is sufficient for federal purposes — a view that differs from the Obama administration’s interpretation of the Supreme Court ruling against the Defense of Marriage Act.

On Monday, the U.S. District Court for the Eastern District of Pennsylvania ruled in a 12-page unsigned decision that Jean Tobits is entitled to survivor’s benefits under the Employee Retirement Income Security Act, or ERISA, following the death of her spouse, Sarah Ellyn Farley, who died of cancer in 2010.

“Windsor makes clear that where a state has recognized a marriage as valid, the United States Constitution requires that the federal laws and regulations of this country acknowledge that marriage,” the decision states. “In light of that, this Court finds that Ms. Tobits is Ms. Farley’s ‘Spouse’ pursuant to the terms of the Plan.”

The lawsuit, known as O’Connor v. Tobits, came about in 2011 as the result of Cozen O’ Connor PC, the law firm where Farley worked, filing an interpleader action. Both Tobits and Farley’s parents, who didn’t recognize the marriage of her lesbian daughter, requested payment of the Pre-Retirement Survivor Annuity after Farley’s death that was available under the firm’s profit sharing plan.

Among those saying that Tobits had a right to the benefits and not Farley’s parents was the National Center for Lesbian Rights, which filed a brief on behalf of Tobits in 2011.

Chris Stoll, a senior staff attorney at NCLR, praised the court for its ruling and said it had implications for employers nationwide.

“This is not just a vindication for Jennifer, it is a tremendous victory for every married same-sex couple,” Stoll said. “Employers will no longer be able to hide behind DOMA to avoid providing equal retirement benefits to the same-sex spouses of their employees.”

In the aftermath of the ruling striking down Section 3 of DOMA by the Supreme Court, which determined plaintiff Edith Windsor had a legal marriage because she legally wed Thea Spyer in Canada, the district court determined Tobits and Farley had a legal marriage recognized under federal law because they also married in Canada in 2006.

But the district court buttressed its reasoning by noting that the couple lives in Illinois, which has civil unions, but not same-sex marriage. The ruling notes in a footnote that under state law, Illinois can recognize same-sex marriages solemnized in other jurisdictions as civil unions.

“Indeed, because the Illinois probate Court recognized Ms. Tobits as the sole heir to a civil union, it accepted as valid the marriage between Ms. Tobits and Ms. Farley that took place in Canada in 2006,” the ruling states. “This Court takes judicial notice of these decisions as bearing a direct relation to matters at issue before this Court.”

Doug NeJaime, a gay law professor at the University of California, Irvine, took particular note of the incorporation of Illinois civil unions law into its reasoning.

“The interesting thing here is that the court finds support for the inclusion of the same-sex spouse based on the couple’s domicile being Illinois, a civil union state,” NeJaime said. “In this sense, the court is suggesting that because civil union statutes give those in civil unions the rights of spouses, that is enough for federal purposes as well.”

That interpretation is different from what the Obama administration has reasoned with regarding civil unions in the aftermath of the Supreme Court ruling against DOMA. The U.S. Office of Personnel Management has determined that gay federal employees must enter into a same-sex marriage to receive benefits for their spouses. Those in civil unions or domestic partnerships aren’t eligible.

NeJaime said the reasoning in the decision could place the court at odds with the Obama administration.

“The court is saying that the couple with a marriage from Canada residing in Illinois should be treated like spouses, but this does lead to the potential conclusion that those in civil unions in general should be treated like spouses,” NeJaime said.

NCLR’s Stoll acknowledged the court took note of the civil union law, but said it bases most of its reasoning on Tobits and Farley’s marriage in Canada.

“The judge noted that Illinois respected their relationship and gave them all of the same rights and benefits as other married couples, but his ruling does not appear to depend on that fact,” Stoll said. “A couple that was married in any jurisdiction that allows it should be treated the same as any other married couple for purposes of federally mandated employee benefits, regardless of where they live.”

Advertisement
FUND LGBTQ JOURNALISM
SIGN UP FOR E-BLAST

2026 Midterm Elections

Markey’s primary win deemed success for LGBTQ activists

Mass. lawmaker champions transgender rights

Published

on

U.S. Sen. Ed Markey speaks outside of the U.S. Supreme Court on Jan. 13, 2026. (Washington Blade photo by Michael Key)

U.S. Sen. Ed Markey (D-Mass.) clinched the Democratic seat for his reelection campaign in Massachusetts’s primary election on Tuesday.

Markey won the deep-blue state with 64.8 percent of the vote, according to NBC News, triumphing over Marine Corps combat veteran and Congressman Seth Moulton, who received 35.2 percent of the vote.

Massachusetts’s primary election, which determined which Democratic candidate will head to the polls to face off against the Republican challenger in November, is being considered a victory for LGBTQ-inclusive policy, as well as for a divisive pro-transgender rights candidate — both things Markey has become an outspoken champion of.

Markey has experience at multiple levels of government, from the state level, where he served three terms in the state House of Representatives, to his federal tenure, including 20 terms in the U.S. House of Representatives and is now serving his second term as a senator. He has become a fixture of a changing Democratic Party in one of the most consistently blue places in the U.S.

This primary — and much of the national discussion surrounding the Senate seat — focused a lot of campaigning power on fighting the growing sentiment, led mostly by Republicans, that the frustration many Americans feel lends itself to an anti-establishment and anti-incumbent attitude.

Markey ran his campaign using his past as a reflection of his commitment to constantly putting his best foot forward for Bay Staters — particularly with apprehension for issues younger and more progressive democrats have been righting for — including Green New Deal and “Medicare for All” while Moulton — who was also elected to federal office prior to this run — campaigned on being younger than Markey, arguing that he was not the same type of established politician.

Moulton also faced backlash for negative comments about trans athletes, sparking criticism for those who did want younger candidate but want for trans rights to be protected.

Markey’s track record of supporting the LGBTQ community is one of the most clear in federal politics, one that has garnered a “100 percent lifetime voting record” on the Human Rights Campaign’s PAC politician review scorecard.

That list of Markey’s actions includes being a cosponsor of the Equality Act, driving landmark legislation to ensure federal protections for LGBTQ Americans, and being one of the most vocal proponents for trans rights in the federal government — specifically in multiple appropriations bills and in the National Defense Authorization Act. He was also the lead sponsor of the Transgender Health Care Access Act and the Transgender Bill of Rights resolution.

Markey first introduced the Transgender Bill of Rights in the Senate in 2023, where it ultimately failed to be brought to law. He reintroduced the legislation this year once again. This was a direct response to the attitude pushed by many conservatives after 2021, when the push to minimize trans rights started to become a key part of their cause and has been constantly propped up by the Trump-Vance administration.

“Massachusetts needs a senator who stands up and fights back, a senator who never forgets who they are fighting for,” Markey said during his victory speech. “That has been the mission of my life, and it always will be.”

Following the calling of the primary, a slew of LGBTQ organizations rallied behind Markey, many pushing his past as an asset that puts his money where his mouth is through advocating for legislation specifically protecting the LGBTQ community.

Tyler Hack, the executive director of the Christopher Street Project, an organization dedicated to pushing for legal protections for trans americans, released a statement following Markey’s win. Hack argued that putting forward such a staunchly pro-trans candidate is a win for the community, especially after endorsing him earlier this year.

“Tonight, anti-trans politics lost. Massachusetts rejected the idea that attacking transgender people is a shortcut to political power. Voters chose a different path: one where equality is not negotiable, cruelty is not courage, and transgender people do not have to disappear for Democrats to succeed.”

The Human Rights Campaign also endorsed him as a candidate earlier this year and issued a statement via its president, Kelley Robinson.

“Ed Markey has spent decades fighting for LGBTQ+ equality, for working people, and for a more livable world,” Robinson said. “He knows why equality matters. He’s stood with us no matter what. We were proud to endorse him this year, and when a pro-equality majority takes back the Senate this fall, we will continue to count on him as a champion for our community.”

Markey is running for reelection against Republican John Deaton in November, where he is expected to win.

Continue Reading

Congress

HRC president campaigns for Chris Pappas in NH

Gay congressman running to succeed retiring U.S. Sen. Jeanne Shaheen

Published

on

Human Rights Campaign President Kelley Robinson, left, campaigns with U.S. Rep. Chris Pappas (D-N.H.) in Manchester, N.H., on Aug. 30, 2026. (Photo courtesy of the Human Rights Campaign)

Human Rights Campaign President Kelley Robinson on Sunday campaigned for U.S. Rep. Chris Pappas (D-N.H.) in New Hampshire.

Robinson traveled to Manchester, the state’s largest city, nine days before the Sept. 8 primary that will determine who will vie for retiring U.S. Sen. Jeanne Shaheen (D-N.H.)’s seat.

Former U.S. Sen. John E. Sununu, who represented New Hampshire in the U.S. Senate from 2003-2009, will face off against former U.S. Sen. Scott Brown, who represented Massachusetts in the U.S. Senate from 2010-2013, in the Republican primary.

Karishma Manzur is among the Democrats challenging Pappas.

A poll the University of New Hampshire Survey Center released on Aug. 26 shows Sununu is ahead of Brown. The same survey shows Pappas ahead of Manzur and his other Democratic challengers.

The UNH Survey Center poll shows Sununu ahead of Pappas by a 45-43 percent margin if they were to face off in the general election. The margin of error is +/-2.1 percent.

Pappas would become the first openly gay man elected to the U.S. Senate if he were to win in November.

Continue Reading

Congress

Chris Van Hollen says the Democratic Party needs change. Is he the one to lead it?

Senator is backing anti-establishment Democrats across the country

Published

on

By LEE O. SANDERLIN | The Democratic Party is having something of an identity crisis — losing to President Donald Trump twice in three elections will do that.

Should the party embrace anti-establishment figures who espouse progressive policy ideas like Medicare for all and rhetoric about unrigging the economy for the 1 percent? Or should Democrats try to appeal to moderates who want to return to semi-normalcy in a time of political upheaval?

Although he’s been in Congress since 2002, with key leadership roles throughout his tenure, Maryland Sen. Chris Van Hollen, 67, counts himself firmly in the anti-establishment camp.

The rest of this article can be found on the Baltimore Banner’s website.

Continue Reading

Popular