Another challenge to Section 3 of DOMA in New York is in the works; briefing schedule set in Roe v. Empire Blue Cross Blue Shield
October 3, 2012
By Scottie Thomaston
In Roe. et al. v. Empire Blue Cross Blue Shield, et al., a lesbian employee of a Catholic hospital is suing the hospital in federal court because it denies spousal health benefits to her and to other gay and lesbian married couples. The lawsuit involves Section 3 of the Defense of Marriage Act’s effect on ERISA, so part of the constitutional challenge is to Section 3 of DOMA itself:
Because DOMA unlawfully discriminates against same-sex spouses, it is unconstitutional and therefore should not be used as a basis to deny Plaintiffs their right to medical benefits under the Plan.
The briefing schedule in the case at the district court level is now set, with the first brief due on November 1 and the last on December 3.
Notably, the filing says the case is now assigned to Judge Edgardo Ramos, who is an appointee of President Obama. Previously it had been assigned to Judge P. Kevin Castel, an appointee of President George W. Bush.
h/t to Kathleen for this filing