While the high-profile, Ted Olson- and David Boies-managed legal fight against California's Proposition 8 captures headlines, a carefully planned case quietly under way in Massachusetts federal court could be the gay marriage test with the greatest national impact.
The challenge, Gill v. Office of Personnel Management, is one of four lawsuits in different parts of the country that ask federal courts to strike down all or parts of the 1996 federal Defense of Marriage Act (DOMA). The suits, and the Gill case in particular, according to advocates and scholars closely watching their progress, are just the opening shots in a struggle destined for the U.S. Supreme Court.
"If you're looking to effect legal change, you're looking for plaintiffs who have been harmed, a lawsuit reasonably well-funded, and the legal expertise to take it up [to] the appellate process," said Arthur Leonard of New York Law School, an expert on gay and lesbian legal issues. The Gill case meets that description, he and others believe.
For the Obama administration, Gill and the three other suits present potentially treacherous legal and political waters. It has decided to defend the law in court even as it has stated publicly its plans to seek repeal in Congress. And its arguments in defense of the law, recently revealed in a California suit, have pleased neither opponents nor supporters.
[Read the article or read more articles from Law.com.]